Corporatization and Privatization of The Government, Form #05.024
Corporatization and Privatization of The Government, Form #05.024
Corporatization and Privatization of The Government, Form #05.024
OF THE GOVERNMENT
LIST OF FIGURES
TABLE OF AUTHORITIES
Constitutional Provisions
"Bill of Rights" (1791) ....................................................................................................................................................... 208
14th Amendment, Clause 4 ................................................................................................................................................ 166
16th amendment ................................................................................................................................................................. 239
16th Amendment ................................................................................................................................................................ 276
17th amendment ................................................................................................................................................................. 240
Annotated Fourteenth Amendment .................................................................................................................................... 188
Annotated Fourteenth Amendment, Congressional Research Service ............................................................................... 188
Art. 1, Sect. 8, Cl. 17 .................................................................................................................................................. 156, 159
Art. 1, Section 9, Clause 8 .................................................................................................................................................. 196
Art. 4, 4 ................................................................................................................................................................ 96, 162, 257
Art. 4, s. 3 ........................................................................................................................................................................... 246
Art. 4, s. 4 ........................................................................................................................................................................... 246
Art. 4, Sect. 3, Cl. 1 .................................................................................................................................................... 156, 159
Art. 4, Sect. 3, Cl. 2 ............................................................................................................................................................ 156
Art. 4, Section 3, Clause 1 .................................................................................................................................................. 166
Art. 5, Judicial Department, of the Texas Constitution ...................................................................................................... 156
Art. Article 1, Section 9, Clause 4 ........................................................................................................................................ 55
Art. I, Sec, 10 ..................................................................................................................................................................... 179
Article 1, Section 10 ........................................................................................................................................................... 196
Article 1, Section 8 ............................................................................................................................................................. 248
Article 1, Section 8, Clause 17 ........................................................................................................................... 161, 250, 253
Article 1, Section 8, Clause 2 ............................................................................................................................................. 210
Article 1, Section 8, Clause 3 ............................................................................................................................................. 218
Article 1, Section 8, Clause 5 ..................................................................................................................................... 210, 312
Article 1, Section 8, Clauses 1 and 3 .................................................................................................................................. 105
Article 1, Section 8. Clause 2 ..................................................................................................................................... 148, 312
Article 1, Section 8. Clause 5 ............................................................................................................................................. 148
Article 1, Section 9, Clause 3 ............................................................................................................................................. 178
Article 1, Section. 10 .......................................................................................................................................................... 171
Article 3 .............................................................................................................................................................................. 293
Statutes
Regulations
Rules
Federal Rule of Civil Procedure 17(b) ............................................................85, 88, 120, 143, 163, 181, 194, 224, 231, 314
Federal Rule of Civil Procedure 2 ...................................................................................................................................... 285
Federal Rule of Civil Procedure 8(d) ................................................................................................................................. 295
Federal Rule of Evidence 103(2) ........................................................................................................................................ 288
Federal Rule of Evidence 201 ............................................................................................................................................ 288
Hearsay Exceptions Rule, Federal Rule of Evidence 803(8) ................................................................................................ 66
State court civil rule 2 in most states .................................................................................................................................. 285
Supreme Court Rule 17 ...................................................................................................................................................... 192
Cases
Other Authorities
Scriptures
9 “The idea prevails with some, indeed it has found expression in arguments at the bar, that we have in this country
10 substantially two national governments; one to be maintained under the Constitution, with all of its
11 restrictions; the other to be maintained by Congress outside the independently of that instrument, by exercising
12 such powers [of absolutism] as other nations of the earth are accustomed to.. I take leave to say that, if the
13 principles thus announced should ever receive the sanction of a majority of this court, a radical and
14 mischievous change in our system of government will result. We will, in that event, pass from the era of
15 constitutional liberty guarded and protected by a written constitution into an era of legislative absolutism.. It
16 will be an evil day for American liberty if the theory of a government outside the supreme law of the land finds
17 lodgment in our constitutional jurisprudence. No higher duty rests upon this court than to exert its full
18 authority to prevent all violation of the principles of the Constitution.”
19 [Downes v. Bidwell, 182 U.S. 244 (1901)]
20 1 Introduction
21 Since 1909, there has been a concerted, systematic effort by members of the legal profession to transform what
22 started out as a constitutional government into essentially a for-profit private corporate monopoly. That
23 transformation is largely complete and has occurred in small steps that have largely been ignored and overlooked
24 by the average American. The methods of transformation are not taught in any of the history books or even in
25 law school curricular. The implications of this transformation are vast and far-reaching and affect every aspect of
26 life as we know it today here in America. In fact, we allege that:
27 1. What most people call “government” is now nothing but a giant private corporate monopoly which violates the Sherman
28 Antitrust Act.
29 1.1. We call this corporate monopoly “CorpGov” within this document.
30 1.2. All of its activities are perpetuated through “adhesion contracts” forced upon the populace by:
31 1.2.1. Privatized enforcement agents in the private sector.
32 1.2.2. A virtual monopoly in the services it offers
33 2. The original republican government which was created by the Constitution:
34 2.1. Went bankrupt in 1933 when lawful money was outlawed.
35 2.2. Is now effectively disestablished for all intents and purposes.
36 2.3. Has been replaced with a legislative socialist democracy which is a political, corporate, and not geographic entity
37 functioning entirely and only through your right to contract.
38 3. States of the Union mentioned in the Constitution have become private, for-profit federal corporations.
39 3.1. This corporation is a “virtual state” within a geographical state and a political and legal body but not a territorial
40 body.
41 3.2. This corporation is founded on the constitutions enacted by states of the Union after the Civil War, in which the
42 boundaries of the states were omitted.
43 3.3. This corporation is called the “State of _____” rather than simply the name of the state.
44 3.4. Those who are “citizens” or “residents” of this state are actually de facto officers of the corporation.
45 3.5. The term “residence” really means a position of employment within this corporation, and not physical presence
46 within a geographic entity. All “residents” are federal contractors rather than members of a body politic.
47 3.6. The term “State” in most state law has been redefined to mean federal territory within the exterior borders of the
48 state:
50 6017. “In this State” or “in the State” means within the exterior [outside] limits of the [Sovereign] state of
51 California and includes [only] all territory within these limits owned by or ceded to the United States
52 17018. "State" includes the District of Columbia, and the possessions of the United States.
21 “Sui juris. Of his own right; possessing full social and civil rights; not under any legal disability, or the power
22 of another, or guardianship. Having capacity to manage one’s own affairs; not under legal disability to act for
23 one’s self.”
24 [Black’s Law Dictionary, Sixth Edition, p. 1434]
6 Welcome to the matrix, Neo! That matrix is described in the following FASCINATING video:
7 If you would like to see graphically how the above occurred, read the following succinct article:
How Scoundrels Corrupted Our Republican Form of Government, Family Guardian Fellowship
http://famguardian.org/Subjects/Taxes/Evidence/HowScCorruptOurRepubGovt.htm
8 Understanding how these transformations occurred is important to the historian and also provides a valuable tool
9 for the freedom fighter in defending his or her PRIVATE rights in court. We will provide all the evidence we
10 have found here in order to help those who want to effectively use these materials in court.
11 2 Corporation Franchises are the main method of transforming a Free Society into a Collectivist
12 Society
13 The heart of every kind of corrupt, fascist, or totalitarian governmental system is collectivism. Here is the definition of
14 collectivism:
15 “Collectivism: a political or economic theory advocating collective control [e.g. OWNERSHIP] esp. over
16 production and distribution or a system marked by such control.”
17 [Webster’s Ninth New Collegiate Dictionary, 1983, ISBN 0-87779-510-X, p. 259]
18 _______________________________________________________________________________________
19 “Collectivism is any philosophic, political, religious, economic, or social outlook that emphasizes the
20 interdependence of every human. Collectivism is a basic cultural element that exists as the reverse of
21 individualism in human nature (in the same way high context culture exists as the reverse of low context culture).
22 Collectivist orientations stress the importance of cohesion within social groups (such as an "in-group", in what
23 specific context it is defined) and in some cases, the priority of group goals over individual goals. Collectivists
24 often focus on community, society, nation or country. It has been used as an element in many different and diverse
25 types of government and political, economic and educational philosophies throughout history and most human
26 societies in practice contain elements of both individualism and collectivism. Some examples of collectivist
27 cultures include Pakistan, India and Japan.
28 Collectivism can be divided into horizontal (or egalitarian) collectivism and vertical (or hierarchical)
29 collectivism. Horizontal collectivism stresses collective decision-making among equal individuals, and is thus
30 usually based on decentralization and egalitarianism. Vertical collectivism is based on hierarchical structures of
31 power and on moral and cultural conformity, and is therefore based on centralization and hierarchy. A
32 cooperative enterprise would be an example of horizontal collectivism, whereas a military hierarchy would be
33 an example of vertical collectivism.[1]”
34 [Wikipedia: Collectivism, Downloaded 8/21/2014; SOURCE: http://en.wikipedia.org/wiki/Collectivism]
35 Communism, socialism, and fascism are merely types of collectivist governments. This is powerfully illustrated
36 in the following video:
Fatima: The Path To Peace Conference - The Financial Enslavement of the West, G. Edward Griffin
https://www.youtube.com/watch?v=Q-uCUjurKOw
10 2. There is no PRIVATE property. PRIVATE property is property whose ownership is ABSOLUTE rather than
11 QUALIFIED, and which is not shared with any government.
12 Ownership. Collection of rights to use and enjoy property, including right to transmit it to others. Trustees of
13 Phillips Exeter Academy v. Exeter, 92 N.H. 473, 33 A.2d. 665, 673. The complete dominion, title, or proprietary
14 right in a thing or claim. The entirety of the powers of use and disposal allowed by law.
15 The right of one or more persons to possess and use a thing to the exclusion of others. The right by which a thing
16 belongs to someone in particular, to the exclusion of all other persons. The exclusive right of possession,
17 enjoyment, and disposal; involving as an essential attribute the right to control, handle, and dispose.
18 Ownership of property is either absolute or qualified. The ownership of property is absolute when a single
19 person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only
20 to general laws. The ownership is qualified when it is shared with one or more persons, when the time of
21 enjoyment is deferred or limited, or when the use is restricted. Calif. Civil Code, §§678-680.
22 [Black’s Law Dictionary, Sixth Edition, p. 1106]
23 3. People are NOT INDEPENDENT in their control over their rights or property. Instead, they are
24 DEPENDENT. The above definition of collectivism is deceptive because rather than INTERDEPENDENT,
25 they really mean GOVERNMENT DEPENDENT. That dependence or interdependence is created by
26 connecting the title or ownership of said property with a public office in the government. All such offices are
27 created through the abuse of franchises, as you will learn later. The change in title to ownership is done
28 through the abuse of government identifying numbers such as SSNs, TINs, and EINs, which are government
29 property that transmute ownership of otherwise PRIVATE property to PUBLIC property.
30 “Collectivism is any philosophic, political, religious, economic, or social outlook that emphasizes the
31 interdependence of every human. Collectivism is a basic cultural element that exists as the reverse of
32 individualism in human nature (in the same way high context culture exists as the reverse of low context culture).”
33 [Wikipedia: Collectivism, Downloaded 8/21/2014; SOURCE: http://en.wikipedia.org/wiki/Collectivism]
34 The foundation of freedom is INDIVIDUALISM and EQUALITY between the governed and the governors.
35 COLLECTIVISM destroys freedom by destroying EQUALITY and making the government SUPERIOR to and
36 an OWNER of those governed. All COLLECTIVIST systems are implemented by destroying EQUALITY and
37 converting all PRIVATE property into PUBLIC property whose ownership and use depends on the EXPRESS
38 CONSENT or PERMISSION of the government. We prove this in:
40 1. Make government into corporation franchises. Franchises are the main method of introducing DEPENDENCE into an
41 otherwise free society. For details on franchises, see:
Government Instituted Slavery Using Franchises, Form #05.030
http://sedm.org/Forms/FormIndex.htm
42 The original American Colonists, in fact, broke away from England in part because the English King was abusing
43 franchises to license Pastors to preach, and thus to stifle their biblical opposition to the King. Those who refused to get
44 “licenses” to preach had their churches burned down!
24 “But if the plain dictates of our senses be relied on, what state of facts have we exhibited here? 898*898 Making
25 a person, makes a case; and thus, a government which cannot exercise jurisdiction unless an alien or citizen of
26 another State be a party, makes a party which is neither alien nor citizen, and then claims jurisdiction because it
27 has made a case. If this be true, why not make every citizen a corporation sole, and thus bring them all into the
28 Courts of the United States quo minus? Nay, it is still worse, for there is not only an evasion of the
29 constitution implied in this doctrine, but a positive power to violate it. Suppose every
30 individual of this corporation were citizens of Ohio, or, as applicable to the other case, were citizens of Georgia,
31 the United States could not give any one of them, individually, the right to sue a citizen of the same State in
32 the Courts of the United States; then, on what principle could that right be communicated to them in a body?
33 But the question is equally unanswerable, if any single member of the corporation is of the same State with
34 the defendant, as has been repeatedly adjudged.”
35 [Osborn v. Bank of U.S. , 22 U.S. 738 (1824); SOURCE: http://scholar.googl...760256043512250]
36 It may also interest the reader to note that the infamous “Babylon the Great Harlot” found in the Bible book of
37 Revelation specifically defines this HARLOT essentially as a corporation:
38 “Come, I will show you the judgment of the great harlot who sits on many waters, with whom the kings of the
39 earth committed fornication, and the inhabitants of the earth were made drunk with the wine of her fornication.”
40 [Rev. 17:1-2, Bible, NKJV]
41 “The waters which you saw, where the harlot sits, are peoples, multitudes, nations, and tongues.
42 [Rev. 17:15, Bible, NKJV]
43 These people are “fornicating” with the “beast”. The “beast” is defined as the government or civil rulers and
44 “fornication” is legally defined as “commerce”. The commerce is government franchises!
45 “And I saw the beast, the kings of the earth, and their armies, gathered together to make war against Him who
46 sat on the horse and against His army.”
47 [Rev. 19:19, Bible, NKJV]
48 “Commerce. …Intercourse by way of trade and traffic between different peoples or states and the citizens or
49 inhabitants thereof, including not only the purchase, sale, and exchange of commodities, but also the
50 instrumentalities [governments] and agencies by which it is promoted and the means and appliances by which it
51 is carried on…”
52 [Black’s Law Dictionary, Sixth Edition, p. 269]
11 My son, do not walk in the way with them [do not ASSOCIATE with them and don't let the government
12 FORCE you to associate with them either by forcing you to become a "taxpayer"/government whore or a
13 "U.S. citizen"],
14 Keep your foot from their path;
15 For their feet run to evil,
16 And they make haste to shed blood.
17 Surely, in vain the net is spread
18 In the sight of any bird;
19 But they lie in wait for their own blood.
20 They lurk secretly for their own lives.
21 So are the ways of everyone who is greedy for gain [or unearned government benefits];
22 It takes away the life of its owners.”
23 [Proverbs 1:10-19, Bible, NKJV]
24 The Bible also says Christians must come out of Babylon, meaning break every tie, contract, and commercial
25 relationship with any and every government.
26 "And I heard another voice from heaven saying, “Come out of her, my people, lest you share in her sins, and
27 lest you receive of her plagues. For her sins have reached to heaven, and God has remembered her
28 iniquities. Render to her just as she rendered to you, and repay her double according to her works; in the cup
29 which she has mixed, mix double for her. In the measure that she glorified herself and lived luxuriously, in the
30 same measure give her torment and sorrow; for she says in her heart, ‘I sit as queen, and am no widow, and will
31 not see sorrow.’ Therefore her plagues will come in one day—death and mourning and famine. And she will be
32 utterly burned with fire, for strong is the Lord God who judges her."
33 [Rev. 18:4-8, Bible, NKJV]
34 The phrase above “Render to her just as she rendered to you, and repay her double according to her works” means
35 Christians should:
36 1. Use the corrupt de facto government’s own words and laws against them.
37 2. Use franchises to create and enforce your superiority over them instead of the other way around. See Form #05.030 on
38 how to do this.
39 3. Use anti-franchises to fight their franchises. See Form #06.027 as an example of how to do this.
40 The above is exactly what this ministry does, which is why what we do counts as a “religious practice”. The
41 phrase “repay her double” refers back to Exodus 22:7, which says that when a thief is found and convicted, which
42 in this case is the collectivist government, they shall pay DOUBLE what they STOLE in restitution:
43 “If a man delivers to his neighbor money or articles to keep, and it is stolen out of the man’s house, if the thief is
44 found, he shall pay double.”
45 [Exodus 22:7, Bible, NKJV]
46 God also said indirectly that leaving Babylon and the collectivist governments that implement it was His main
47 mission and should be the main mission of Christians. This mission and how to do it is the basis for the story of
48 Moses and the Israelites, leaving Egypt/Babylon in fact:
49 "Is this not the fast [act of faith, worship, and OBEDIENCE] that I [God] have chosen [for believers]:
50 To loose the [legal] bonds of wickedness,
51 To undo the heavy burdens,
52 To let the oppressed go free,
53 And that you break every yoke [franchise, contract, tie, dependency, or “benefit” with the government]?"
54 [Isaiah 58:6, Bible, NKJV]
10 An important purpose of this ministry is to restore PRIVATE property and INDIVIDUALISM and FREEDOM
11 to America by opposing all the above. Opposing the above, in fact, is within our SEDM Mission Statement on
12 the SEDM About Us Page, Section 2 of our website. This document primarily describes the techniques in items
13 3 and 4 above. For more details on collectivism, see:
20 3 Corporate Feudalism has replaced the English Monarchy We Fought a War to Abandon1
21 “Commercial Feudalism” describes the evil predicament we find ourselves in now. It’s very simple. We have
22 allowed corporations to act as kings, and they are now doing what kings do to subjects. They are doing this in the
23 name of profits instead of bloodlines, but it is the same system and has the same results as it did in the Dark Ages.
24 Think:
25 Under the auspices of the United Nations, National leaders get together and make more agreements for us. A new
26 treaty or trade agreement---or so they call it. Every time I hear about this, a grim and evil wave of sarcasm washes
27 over me: as if we hadn’t had more than enough treaties already? . .As if any of them were ever honored?
28 The words of crooks are never worth the paper they are printed on, not two hundred years ago, not now, not ever.
29 It’s all deceit:
30 And calling it a “treaty” doesn’t make it one. In case you forgot, actual sovereign governments make treaties.
31 Corporations do not.
33 It turns out that all these “national leaders” are representing corporations--- not nations of people and not countries.
34 They are deciding the future of CANADA (INC.) and CHINA (INC.), for example, not Canada and China--- but
35 they sanctimoniously and willingly pretend that they have been granted delegated authority to make decisions for
36 the people and the sovereign governments---when in fact they do not. In fact, it is a universal law of contract that
37 you must expressly consent to join a group and delegate authority to its leader to contract on your behalf before
38 any such agreement can be binding on you personally. On this basis alone, the Constitution doesn’t bind anyone,
39 as freedom attorney and founder of libertarianism Lysander Spooner proves in the following:
1
Adapted from: Commercial Feudalism, Anna Von Reitz; SOURCE; http://www.paulstramer.net/2017/12/commercial-feudalism.html.
1 Picture the situation: you have a committee of Robber Barons all getting together with the Pirate King and foisting
2 off their activities as the lawful process of actual sovereign governments --- and the victims are too dumbed down
3 and complacent to realize that they are being cheated out of everything by these corporate suits and charlatans.
4 Here’s a description of this Pirate King:
5 The UNITED STATES (INC.) is not our government, and neither is the USA (INC.) and neither is THE UNITED
6 STATES OF AMERICA (INC.) and neither is THE UNITED STATES GOVERNMENT (INC.) and so on and
7 on. Look these fictitious corporations up in Dunn and Bradstreet yourself! Our actual government is not and has
8 never been and can never be incorporated. Period. See section 5 later.
10 Pretend that you are an alien from outer space and you are confused. You look around and you see all these huge
11 American corporations so you assume that they represent America, right? Kinda like the alien fellow in the video
12 below:
13 In a sense, they do, but in the sense of being our rightful government, they do not. Therein lies the rub. Every
14 real “government” is a combination of a body politic and a body corporate, and the body politic and body corporate
15 cannot overlap and must be separate.
16 Both before and after the time when the Dictionary Act and § 1983 were passed, the phrase “bodies politic and
17 corporate” was understood to include the [governments of the] States. See, e.g., J. Bouvier, 1 A Law Dictionary
18 Adapted to the Constitution and Laws of the United States of America 185 (11th ed. 1866); W. Shumaker & G.
19 Longsdorf, Cyclopedic Dictionary of Law 104 (1901); Chisholm v. Georgia, 2 U.S. (2 Dall.) 419, 447, 1 L.Ed.
20 440 (1793) (Iredell, J.); id., at 468 (Cushing, J.); Cotton v. United States, 52 U.S. (11 How.) 229, 231, 13 L.Ed.
21 675 (1851) (“Every sovereign State is of necessity a body politic, or artificial person”); Poindexter v. Greenhow,
22 114 U.S. 270, 288, 5 S.Ct. 903, 29 L.Ed. 185 (1885); McPherson v. Blacker, 146 U.S. 1, 24, 13 S.Ct. 3, 6, 36
23 L.Ed. 869 (1892); Heim v. McCall, 239 U.S. 175, 188, 36 S.Ct. 78, 82, 60 L.Ed. 206 (1915). See also United
24 States v. Maurice, 2 Brock. 96, 109, 26 F.Cas. 1211 (CC Va.1823) (Marshall, C.J.) (“The United States is a
25 government, and, consequently, a body politic and corporate”); Van Brocklin v. Tennessee, 117 U.S. 151, 154,
26 6 S.Ct. 670, 672, 29 L.Ed. 845 (1886) (same). Indeed, the very legislators who passed § 1 referred to States in
27 these terms. See, e.g., Cong. Globe, 42d Cong., 1st Sess., 661-662 (1871) (Sen. Vickers) (“What is a State? Is *79
28 it not a body politic and corporate?”); id., at 696 (Sen. Edmunds) (“A State is a corporation”).
29 [Will v. Michigan Dept. of State Police, 491 U.S. 58, 109 S.Ct. 2304 (U.S.Mich.,1989)]
30 The foundation of the separation between the body corporate and the body politic is, in fact, the separation between
31 public and private described in the presentation below. If there is no private property, there can be no separation,
32 in which case there is no TRUE de jure government:
33 Today’s feudal corporate fiefdoms are only body corporates because the body politic has been assimilated into
34 the body corporate. Everyone is on the government payroll FULL TIME receiving public “benefits” as corporate
35 officers who must obey their “employment agreement”, which is the civil statutory code as described in:
1 In a REAL “government” there is absolute separation between the body corporate and the body politic, and that
2 separation only overlaps when citizens serve as jurists and voters and at NO OTHER TIME. If it overlaps more
3 than this, such as by employing franchises such as public offices, then such jurists and voters must recuse
4 themselves because they will have a criminal conflict of interest in violation of 18 U.S.C. §208 and they will
5 violate due process if they rule as a juror in that capacity because of such conflict of interest. Here’s the proof:
6 UNITED STATES v. GRIFFITH et al., 55 App.D.C. 123, 2 F.2d. 925 (1924)
7 (Court of Appeals of District of Columbia.
8 Submitted October 9, 1924.
9 Decided December 1, 1924.)
10 No. 4114.
11 I. Grand jury —Employee to whom government is paying disability compensation held “employee” of
12 government, disqualified as juror.
13 Government employee, to whom government is paying disability compensation under Act Sept. 7, 1016 (Comp.
14 St. §§ S932a—S932uu), held “employee” of the government, within rule disqualifying such employees from acting
15 as jurors.
16 [Ed. Note.—For other definitions, see Words and Phrases, First and Second Series, Employé.]
17 2. Grand jury—United States government employee not qualified to serve as member of grand jury in District of
18 Columbia.
19 An employee of United States is not qualified to serve as member of grand jury in District of Columbia,
20 notwithstanding Code, §§ 215, 217.
22 An accused may present objections to member of grand jury, who was disqualified as employee of United States
23 government, by plea in abatement.
25 Ward W. Griffith and others were indicted for conspiracy. From a judgment sustaining a plea in abatement and
26 quashing indictment, the United States appeals. Affirmed.
28 Leon Tobriner, B. U. Graham, and J. L. Smith, all of Washington, D. C., for appellees.
29 Before MARTIN, Chief Justice, ROBB, Associate Justice, and SMITH, Judge of the United States Court of
30 Customs Appeals.
31 MARTIN, Chief Justice. In this case the United States appeals from a judgment of the Supreme Court of the
32 District of Columbia, sustaining a plea in abatement and quashing an indictment, upon the ground that one of
33 the members of the grand jury which returned the indictment was disqualified by law.
34 The indictment in question was returned on March 9, 1921. It charged the defendants therein, now the appellees,
35 with a conspiracy in restraint of trade and commerce in coal in the District of Columbia. On May 16, 1921, the
36 defendants filed a plea in abatement, alleging and contending that one George H. Van Kirk had served as a
37 member of the grand jury in the finding of the indictment, whereas at that time he was a paid employee of the
38 United States, and consequently was not competent or qualified to act as a grand juror in the case. The defendants
39 averred that they had not learned of these facts until four days before the filing of the plea, and that they thereupon
40 presented it as speedily as could be. The government filed a replication denying these allegations, and issue was
41 joined, whereupon the court sustained the plea, quashed the indictment, and discharged the defendants. From
42 that order the government has appealed.
43 It appears without dispute that for some years prior to July 28, 1920, the grand juror in question was a resident
44 of the District of Columbia, and was employed at an annual salary as a stenographer, typist, and clerk in the War
45 Department of the United States; that on the day named, because of disabilities, he filed with the United States
8 [1.] The act aforesaid provides that the United States shall pay compensation for the disability of an employee
9 resulting from a personal injury sustained while in the performance of duty; that the amount thereof shall be
10 adjusted by the commission according to the monthly pay of the employee; that the commission may, from time
11 to time, require a partially disabled employee to report the wages he is then receiving, and if he refuses to seek
12 suitable work, or refuses or neglects to work after suitable work is offered to him, he shall not be entitled to any
13 compensation; that the commission may determine whether the wage-earning capacity of the disabled employee
14 has decreased on account of old age, irrespective of the injury, and may reduce his disability compensation
15 accordingly; and that at any time, upon its own motion or on an application the commission may review the
16 award, and in accordance with the facts found by it, may end, diminish, or increase the compensation previously
17 awarded.
18 It thus appears that at the time in question the government was paying the juror a monthly stipend as employee’s
19 compensation, reserving the authority to control his conduct in certain particulars, and with power to increase,
20 diminish, or terminate the compensation at discretion. In our opinion that relationship, whatever be the technical
21 name which may most narrowly describe it, did in effect constitute the juror an employee of the United States
22 within the sense in which that term is here used.
23 [2] The next question is whether an employee of the government is disqualified under the law to serve as a juror
24 in the District of Columbia. The following sections of the District Code relate to this question, to wit:
25 “Sec. 215. Qualifications. - No person shall be competent to act as a juror unless he be a citizen of the United
26 States, a resident of the District of Columbia, over twenty-one and under sixty-five years of age, able to read and
27 write and to understand the English language, and a good and lawful man, who has never been convicted of a
28 felony or a misdemeanor involving moral turpitude.”
29 “Sec. 217. All executive and judicial officers, salaried officers of the government of the United States and of the
30 District of Columbia and those connected with the police or fire departments, counselors and attorneys at law in
31 actual practice, ministers of the gospel and clergymen of every denomination, practicing physicians and surgeons,
32 keepers of hospitals, asylums, alms-houses, or other charitable institutions created by or under the laws relating
33 to the District, captains and masters and other persons employed on vessels navigating the waters of the District
34 shall be exempt from jury duty, and their names shall not be placed on the jury lists.”
35 In Crawford v. United States, 212 U.S. 183, 195, 29 S.Ct. 260, 267 (53 L.Ed. 465, 15 Ann.Cas. 392) an accused
36 had been convicted of a crime in the District of Columbia by a petit jury one member of which was at the time a
37 United States postal employee. The accused had challenged the juror for that cause, but the challenge was
38 overruled upon the ground that sections 215 and 217, supra, did not include such relationship within the list of
39 disqualifications. The Supreme Court however held that under the common law of the District independently of
40 those enactments, “one is not a competent juror on a case if he is master, servant, stewart, counsellor or attorney
41 of either party.” Accordingly the conviction was reversed. The following extract is taken from the opinion in that
42 case, written by Mr. Justice Peckham:
43 “We do not think that section 215 of the Code of the District includes the whole subject of the qualifications of
44 jurors in that District. If that section, together with section 217, were alone to be considered, it might be that the
45 juror was qualified. But, by the common law, a further qualification exists. If that law remains in force in this
46 regard in this District a different decision is called for from that made in this case. The common law in force in
47 Maryland, February 27, 1801, remains in force here, except as the same may be inconsistent with or replaced by
48 some provision of the Code for the District, Code, § 1, c. 1, p. 5. It has not been contended that the common law
49 upon the subject of jurors was not in force in Maryland at the above-named date, or that it did not remain in force
50 here, at least up to the time of the passage of the Code. Jurors must at least have the qualifications mentioned in
51 section 215, but that section does not, in our opinion, so far alter the common law upon the subject as to exclude
52 its rule that one is not a competent juror in a case if he is master, servant, steward, counsellor or attorney of
53 either party. In such case a juror may be challenged for principal cause as an absolute disqualification of the
54 juror. 3 Blackstone (Cooley’s 4th Ed.) p. 363; Block v. State, 100 Indiana, 357, 362. * * * This rule applies as
55 well to criminal as to civil cases.”
56 The foregoing decision is authority for the conclusion that a United States employee is not qualified to serve
57 as a member of the petit jury in the trial of a criminal case in the District of Columbia, and that a challenge
58 seasonably made by the accused upon that ground should be sustained. See also, Miller v. United States, 38
59 App. D.C. 36.
8 In Clawson v. United States, supra, a case arising in the then territory of Utah, the Supreme Court considered
9 section 5 of the Act of Congress of March 22, 1882, 22 Stat. 30 (Comp. St. § 1265), which provides “that in any
10 prosecution for bigamy, polygamy, or unlawful cohabitation, under any statute of the United States, it shall be
11 sufficient cause of challenge to any person drawn or summoned as a juryman or talesman, * * * that he believes
12 it right for a man to have more than one living and undivorced wife at the same time.” It was held that the terms
13 “juryman or talesman” included both grand and petit jurors. The following extract is taken from the opinion by
14 Mr. Justice Blatchford in that case:
15 “It is also urged that § 5 does not apply to grand jurors. The language is, ‘any person drawn or summoned as a
16 juryman or talesman’—’any person appearing or offered as a juror or talesman.’ In view of the fact that by
17 section 4 of the Act of June 23, 1874, both grand jurors and petit jurors are to be drawn from the box containing
18 the two hundred names, and are to be summoned under venires, and are to constitute the regular grand and petit
19 juries for the term, and of the further fact that the, persons to be challenged and excluded are persons not likely
20 to find indictments for the offenses named in section 5, we cannot doubt that the words ‘juryman’ and ‘juror’
21 include a grand juror as well as a petit juror. There is as much ground for holding that it includes the former
22 alone, as the latter alone, if it is to include but one. It must, include one at least, and we think it includes both.
23 The purpose and reason of the section include the grand juror; and there is nothing in the language repugnant
24 to such view. The use of the words ‘drawn or summoned as a juryman or talesman,’ and of the words ‘appearing
25 or offered as a juror or talesman,’ does not have the effect of confining the meaning of ‘juror’ to ‘petit juror,’ on
26 the view that the ordinary meaning of ‘talesman’ refers to a petit juror. A grand juror is a juryman and a juror,
27 and is drawn and summoned, and it might well have been thought wisest to mention a ‘tales-man’ specifically,
28 lest the words ‘juryman’ and ‘juror’ might be supposed not to include him.”
29 It may be noted that sections 198, 199, 203, 204, 215, 216, and 217 of the District Code, providing for the drawing
30 and selection of “jurors” all apply alike to grand and petit jurors. In Crowley v. United States, supra, it was held
31 by the Supreme Court that an objection by plea in abatement, before the arraignment of the accused, to an
32 indictment on the ground that some of the grand jurors were disqualified by law, was in due time, and was made
33 in a proper way, and also that the disqualification of a grand juror prescribed by statute is a matter of substance,
34 which cannot be regarded as a mere defect or imperfection, within the meaning of section 1025, Rev. Stat. (Comp.
35 St. § 1691). The latter statement likewise applies to a disqualification like this under the common law.
36 In our opinion, therefore, the trial court rightly sustained the plea in abatement, and its judgment is affirmed.
38 In a feudal system there is a King who extracts labor and money from his subjects to run the kingdom. In the
39 realm of commercial or corporate feudalism, the parent corporation extracts money and labor from its franchisees
40 to run the operation and pay all the taxes needed to subsidize Uncle’s perks. There is no practical difference.
41 Corporations force their workers to become the MAIN source of income tax revenue by forcing them to fill out a
42 W-4. They have turned the right to support yourself into a government privilege so they could deflect their portion
43 of the “fair share” that supports all the subsidies and perks they receive from the government. They essentially
44 forced all their workers to become “Kelly Girl” temps leased out from Uncle Sam using the W-4 so they don’t
45 have to manage or fund their retirement directly. At that point, they become merely farm animals leased from
46 Uncle’s plantation called “human resources”. What’s wrong with calling them merely “men or women” or
47 PEOPLE? That’s too dignified for farm animals.
48 The various Presidents and CEOs are elected instead of inheriting their office, but so what? Once in office they
49 act as kings and queens: name their nobles as senior vice-presidents, secretaries of this and that, district managers,
50 and partners, establish corporate “policies” as laws, form alliances with some companies, declare “war” on others,
51 and most importantly for this discussion --- tax, traffic, obligate, and parasitize their employees to gain their
52 objectives.
53 This may somewhat be condoned as it applies to actual employees, as the actual employees have knowingly and
54 voluntarily agreed to exchange their rights for benefits and have sold their time on Earth for a price---but what
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1 about the serfs? ---people who don’t get a paycheck from the corporation and who are simply bullied into giving
2 time and money to the corporation as a result of racketeering and extortion by bands of paid thugs? They are
3 “employees” and officers of the public corporation without even knowing it, in most cases. The SSN and the TIN
4 is their franchise license number and “employee” number, in fact. The Federal Trade Commission calls these a
5 “franchise mark”:
6 "A franchise entails the right to operate a business that is "identified or associated with the franchisor's
7 trademark, or to offer, sell, or distribute goods, services, or commodities that are identified or associated with
8 the franchisor's trademark." The term "trademark" is intended to be read broadly to cover not only trademarks,
9 but any service mark, trade name, or other advertising or commercial symbol. This is generally referred to as the
10 "trademark" or "mark" element.
11 The franchisor [the government] need not own the mark itself, but at the very least must have the right to
12 license the use of the mark to others. Indeed, the right to use the franchisor's mark in the operation of the
13 business - either by selling goods or performing services identified with the mark or by using the mark, in
14 whole or in part, in the business' name - is an integral part of franchising. In fact, a supplier can avoid Rule
15 coverage of a particular distribution arrangement by expressly prohibiting the distributor from using its mark."
16 [FTC Franchise Rule Compliance Guide, May 2008;
17 SOURCE: http://business.ftc.gov/documents/bus70-franchise-rule-compliance-guide]
18 IRS Agents or Inquisitors. Flip a coin. It’s the same system. It functions in exactly the same way.
19 The same unbridled, lawless, uncontrolled lusts for power and money that drove the feudal European Monarchies
20 have been carried forward globally by corporations today, to create their own form of feudalism.
21 And we, the people and actual governments that allegedly charter these organizations as our delegated agents are
22 being enslaved, just as the serfs were enslaved--- only worse. The servant has become the master and taken over
23 the house and sent its master out to live in the barn with the animals.
24 The most abused serfs in Europe during the Middle Ages gave up 25% of the value of their labor and time to the
25 King. Today, it is not uncommon for people to be taxed over 60% of their labor and time to support various levels
26 and layers of incorporated government--- and the perpetrators who benefit from this system tell us that this is
27 “voluntary” while they put their boots to our throats, press-gang us into military service, steal our identities and
28 traffic our children as industrial products of sweat labor contracts. Here’s an example of the deceitful hype they
29 use to sell such as system:
30 They have even gone so far as to proclaim that we have no private rights at all. And no ability to absolutely own
31 private property. And that we are incompetent. In effect, all constitutional rights have been replaced by statutory
32 privileges incident to franchises where the choice of law has been shifted to federal territory to take you away
33 from the protections of the Constitution. This is just as the U.S. Supreme Court predicted:
34 “I take leave to say that, if the principles thus announced should ever receive the sanction of a majority of this
35 court, a radical and mischievous change in our system of government will result. We will, in that event, pass
36 from the era of constitutional liberty guarded and protected by a written constitution into an era of legislative
37 absolutism..
38 [. . .]
39 “The idea prevails with some, indeed it has found expression in arguments at the bar, that we have in this country
40 substantially two national governments; one to be maintained under the Constitution, with all of its
41 restrictions; the other to be maintained by Congress outside the independently of that instrument, by exercising
42 such powers [of absolutism] as other nations of the earth are accustomed to..
43 [. . .]
5 Behind our backs, they call us “livestock” and treat us as such--- all while taking their sustenance from our pockets
6 and reducing the quality of our lives for their own enrichment.
7 By any rational standard, these people are criminals. Al Capone would blush.
8 But hey, if you are content to be a mindless serf in a feudal system, the modern corporations are well on their way
9 to creating a seamless program of indoctrination and “life-cycle harvesting” ---their exact words--- designed to
10 make false commercial claims against you and your natural assets from the moment of your conception.
11 "To be governed is to be watched over, inspected, spied on, directed, legislated, regimented, closed in,
12 indoctrinated, preached at, controlled, assessed, evaluated, censored, commanded; all by creatures that have
13 neither the right, nor wisdom, nor virtue . . .
14 To be governed means that at every move, operation, or transaction one is noted, registered, entered in a census,
15 taxed, stamped, priced, assessed, patented, licensed, authorized, recommended, admonished, prevented,
16 reformed, set right, corrected. Government means to be subjected to tribute, trained, ransomed, exploited,
17 monopolized, extorted, pressured, mystified, robbed; all in the name of public utility and the general good.
18 Then, at the first sign of resistance or word of complaint, one is repressed, fined, despised, vexed, pursued,
19 hustled, beaten up, garroted, imprisoned, shot, machine-gunned, judged, sentenced, deported, sacrificed, sold,
20 betrayed, and to cap it all, ridiculed, mocked, outraged, and dishonored. That is government, that is its justice
21 and its morality! . . . O human personality! How can it be that you have cowered in such subjection for sixty
22 centuries?”
23 [Pierre-Joseph Proudhon (born A. D. 1809 - died A. D. 1865)]
24 Let’s give you just one simple and old (circa 1700) example of this organized criminality and the reason they want
25 to kill billions of people now.
26 Once they have glommed onto your Given Name and created a franchise and public office for themselves named
27 after you, they issue bonds based on the estimated value of your lifetime labor and estate. They deposit these
28 bonds with the Depository Trust Corporation which then issues the credit to the perpetrators. At the same time,
29 they take out million dollar life insurance policies on their new chattel. They in effect have created as “straw
30 man” public office using compelled W-4 withholding and have made it and the human behind it into involuntary
31 surety for it and all public debt. If you aren’t smart enough to know the W-4 form is the WRONG withholding
32 form for a PRIVATE man or woman and that most information returns such as the W-2 are FALSE then a cage
33 is reserved for you on the government plantation. Lower life forms must live in government cages because they
34 are incapable of functioning on their own or governing their own lives. The cage is a legal one called a franchise.
35 This whole government farm scheme using corporate feudalism to recruit the farm animals is criminal “human
36 trafficking”. In Supreme Court parlance, this it is called “peonage” and it’s a CRIME under 18 U.S.C. §1581 and 270H
37 42 U.S.C. §1994:
271H
38 “The constitutionality and scope of sections 1990 and 5526 present the first questions for our consideration.
39 They prohibit peonage. What is peonage? It may be defined as a state or condition of compulsory service,
40 based upon the indebtedness of the peon to the master. The basal fact is indebtedness. As said by Judge
41 Benedict, delivering the opinion in Jaremillo v. Romero, 1 N.Mex. 190, 194: ‘One fact existed universally; all
42 were indebted to their masters. This was the cord by which they seemed bound to their masters’ service.’ Upon
43 this is based a condition of compulsory service. Peonage is sometimes classified as voluntary or involuntary,
44 but this implies simply a difference in the mode of origin, but not in the character of the servitude. The one
45 exists where the debtor voluntarily contracts to enter the service of his creditor. The other is forced upon the
46 debtor by some provision of law. But peonage, however created, is compulsory service, involuntary servitude.
47 The peon can release himself therefrom, it is true, by the payment of the debt, but otherwise the service is
6 “That it does not conflict with the Thirteenth Amendment, which abolished slavery and involuntary servitude,
7 except as a punishment for crime, is too clear for argument. Slavery implies involuntary servitude—a state of
8 bondage; the ownership of mankind as a chattel, or at least the control of the labor and services of one man for
9 the benefit of another, and the absence of a legal right to the disposal of his own person, property, and services
10 [in their entirety]. This amendment was said in the Slaughter House Cases, 16 Wall, 36, to have been intended
11 primarily to abolish slavery, as it had been previously known in this country, and that it equally forbade Mexican
12 peonage or the Chinese coolie trade, when they amounted to slavery or involuntary servitude and that the use of
13 the word ‘servitude’ was intended to prohibit the use of all forms of involuntary slavery, of whatever class or
14 name.”
15 [Plessy v. Ferguson, 163 U.S. 537, 542 (1896)]
16 See the schtick now? They just pledged your lifetime earnings and the value of whatever assets you might own to
17 investors ---and got paid for selling an interest in “YOU”--- and then they turned around and set up a life insurance
18 policy on “YOU”. See:
19 Talk about a safe bet, no? When you die, they are guaranteed to make back the bond amount plus a tidy profit.
20 And if you die sooner, they turn their profit sooner. That’s why the emphasis on infanticide and baby killing.
21 Not only that, if they kill their Priority Creditors they don’t have to pay back what they already owe to them, get
22 to claim all the “abandoned” assets left behind by the victims of whatever economic Holocaust they unleash, and,
23 they get to charge all their expenses off onto the survivors – as payment owed for the service of killing everyone.
24 In political terms, this is called “socializing the risk and privatizing the reward”.
25 Of course, according to them, there is always some noble purpose involved in this filthy business, and just as
26 predictably, there never is. Instead, they are at war with the God and His law, just as the book of Revelation
27 describes them:
28 “And I saw the beast, the kings of the earth, and their armies, gathered together to make war against Him who
29 sat on the horse and against His army.”
30 [Rev. 19:19, Bible, NKJV]
31 Now the criminals responsible for these vile practices and evil circumstances are throwing fits and making threats,
32 as their plans have failed and all their aims have gone astray. They are going to destroy the world, they brag, as
33 if this were something notable and good---or even anything different from all that they’ve ever done. They have
34 created a dastardly Matrix to entrap everyone, which is described below:
35 The U.S. Supreme Court calls this Matrix a “springe” in Green v. Brennan, 136 S.Ct. 1769 (2016). The Bible
36 predicted this Matrix as follows:
37 ‘For among My [God's] people are found wicked [covetous public servant] men; They lie in wait as one who
38 sets snares; They set a trap; They catch men. As a cage is full of birds, So their houses are full of deceit.
39 Therefore they have become great and grown rich. They have grown fat, they are sleek; Yes, they surpass the
40 deeds of the wicked; They do not plead the cause, The cause of the fatherless [or the innocent, widows, or the
41 nontaxpayer]; Yet they prosper, And the right of the needy they do not defend. Shall I not punish them for these
42 things?’ says the Lord. ‘Shall I not avenge Myself on such a nation as this?’
5 No matter what they say, the horrors of Corporate Feudalism will not be allowed: the Lion of Judah stands in their
6 way and the Kingdom of Heaven has come, so they must flee like empty shadows and soon they will be gone.
7 The emissaries of Jesus are here to flip over the tables of the money changers set up in civic temple is Washington,
8 D.C., just as their boss did 2,000 years ago. The “D.C.” in “Washington, D.C.” has become what Mark Twain
9 called “the District of Criminals”.
10 As long as the animals on the government plantation are kept legally ignorant and distracted with sin, gadgets,
11 video games, pornography, television, sports, and what the Romans called “the bread and circus”, then they will
12 never be able to rattle or leave their cage.
Look Up
https://www.youtube.com/watch?v=Z7dLU6fk9QY
13 The barbarians and cannibals running the government caused Rome to fall and burn while the natives were
14 preoccupied with “their daily bread and circus”. See:
The Fall of Rome and Modern Parallels (OFFSITE LINK)- Lawrence Reed, Foundation for Economic Education
• FEE version
https://www.youtube.com/watch?v=FPFlH6eGqsg
• Article
http://www.fee.org/the_freeman/detail/the-fall-of-rome-and-modern-parallels/
• Stefan Molyneux version
https://www.youtube.com/watch?v=K0zacaIard0
• The Truth About the Fall of Rome
https://www.youtube.com/watch?v=qh7rdCYCQ_U
15 The ONLY way off the plantation and out of the Matrix is personal responsibility, education, discipline, to repent
16 and abandon sin, and to LEARN THE LAW! Are you up to the task? There is no better place to take up that task
17 than on our website.
18 The Narrow Way
19 “Enter by the narrow gate; for wide is the gate and broad is the way that leads to destruction, and there are many
20 who go in by it. Because narrow is the gate and difficult is the way which leads to life, and there are few who
21 find it.”
22 [Matt. 7:13-14, Bible, NKJV]
23 4 Being a federal corporation is the ONLY way provided in federal statutes to transition from
24 being legislatively “foreign” to “domestic”
25 The definitions found within the Internal Revenue Code and the rules of statutory construction betray the fact that
26 the only way to be “domestic” in relation to the national government is to be national corporation registered in the
27 District of Columbia.
28 26 U.S. Code § 7701 - Definitions
29 (a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent
30 thereof—
31 (3) Corporation
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1 The term “corporation” includes associations, joint-stock companies, and insurance companies.
2 (4) Domestic
3 The term “domestic” when applied to a corporation or partnership means created or organized in the United
4 States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary
5 provides otherwise by regulations.
6 (5) Foreign
7 The term “foreign” when applied to a corporation or partnership means a corporation or partnership which is
8 not domestic.
9 The rules of statutory construction forbid extending the statutory term defined above to include anything OTHER
10 than that defined above, including PRIVATE human beings. Therefore, the ONLY thing “domestic” are national
11 corporations. All human beings are therefore FOREIGN for legislative purposes.
12 “When a statute includes an explicit definition, we must follow that definition, even if it varies from that term's
13 ordinary meaning. Meese v. Keene, 481 U.S. 465, 484-485 (1987) (“It is axiomatic that the statutory definition
14 of the term excludes unstated meanings of that term”); Colautti v. Franklin, 439 U.S. at 392-393, n. 10 (“As a
15 rule, `a definition which declares what a term “means” . . . excludes any meaning that is not stated'“); Western
16 Union Telegraph Co. v. Lenroot, 323 U.S. 490, 502 (1945); Fox v. Standard Oil Co. of N.J., 294 U.S. 87, 95-96
17 (1935) (Cardozo, J.); see also 2A N. Singer, Sutherland on Statutes and Statutory Construction § 47.07, p. 152,
18 and n. 10 (5th ed. 1992) (collecting cases). That is to say, the statute, read “as a whole,” post at 998 [530 U.S.
19 943] (THOMAS, J., dissenting), leads the reader to a definition. That definition does not include the Attorney
20 General's restriction -- “the child up to the head.” Its words, “substantial portion,” indicate the contrary.”
21 [Stenberg v. Carhart, 530 U.S. 914 (2000)]
22 “Expressio unius est exclusio alterius. A maxim of statutory interpretation meaning that the expression of one
23 thing is the exclusion of another. Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d. 321, 325; Newblock v. Bowles,
24 170 Okl. 487, 40 P.2d. 1097, 1100. Mention of one thing implies exclusion of another. When certain persons or
25 things are specified in a law, contract, or will, an intention to exclude all others from its operation may be
26 inferred. Under this maxim, if statute specifies one exception to a general rule or assumes to specify the effects
27 of a certain provision, other exceptions or effects are excluded.”
28 [Black’s Law Dictionary, Sixth Edition, p. 581]
29 Everything that is either NOT a corporation or NOT registered in the District of Columbia as a national corporation
30 is therefore legislatively “foreign” for the purpose of the Internal Revenue Code. This is also consistent with the
31 fact that “income” is defined in the Internal Revenue Code and by the U.S. Supreme Court as profit in connection
32 with a federal corporation or business trust.
33 "The Sixteenth Amendment declares that Congress shall have power to levy and collect taxes on income, "from
34 [271 U.S. 174] whatever source derived," without apportionment among the several states and without regard to
35 any census or enumeration. It was not the purpose or effect of that amendment to bring any new subject within
36 the taxing power. Congress already had power to tax all incomes. But taxes on incomes from some sources had
37 been held to be "direct taxes" within the meaning of the constitutional requirement as to apportionment. Art. 1, §
38 2, cl. 3, § 9, cl. 4; Pollock v. Farmers' Loan & Trust Co., 158 U.S. 601. The Amendment relieved from that
39 requirement, and obliterated the distinction in that respect between taxes on income that are direct taxes and
40 those that are not, and so put on the same basis all incomes "from whatever source derived." Brushaber v. Union
41 P. R. Co., 240 U.S. 1, 17. "Income" has been taken to mean the same thing as used in the Corporation Excise
42 Tax Act of 1909, in the Sixteenth Amendment, and in the various revenue acts subsequently passed. Southern
43 Pacific Co. v. Lowe, 247 U.S. 330, 335; Merchants' L. & T. Co. v. Smietanka, 255 U.S. 509, 219. After full
44 consideration, this Court declared that income may be defined as gain derived from capital, from labor, or
45 from both combined, including profit gained through sale or conversion of capital. Stratton's Independence v.
46 Howbert, 231 U.S. 399, 415; Doyle v. Mitchell Brothers Co., 247 U.S. 179, 185; Eisner v. Macomber, 252 U.S.
47 189, 207. And that definition has been adhered to and applied repeatedly. See, e.g., Merchants' L. & T. Co. v.
48 Smietanka, supra; 518; Goodrich v. Edwards, 255 U.S. 527, 535; United States v. Phellis, 257 U.S. 156, 169;
49 Miles v. Safe Deposit Co., 259 U.S. 247, 252-253; United States v. Supplee-Biddle Co., 265 U.S. 189, 194; Irwin
50 v. Gavit, 268 U.S. 161, 167; Edwards v. Cuba Railroad, 268 U.S. 628, 633. In determining what constitutes
51 income, substance rather than form is to be given controlling weight. Eisner v. Macomber, supra, 206. [271 U.S.
52 175]"
53 [Bowers v. Kerbaugh-Empire Co., 271 U.S. 170, 174, (1926)]
54 ___________________________________________
55 TITLE 26 > Subtitle A > CHAPTER 1 > Subchapter J > PART I > Subpart A > § 643
2 (b) Income
3 For purposes of this subpart and subparts B, C, and D, the term “income”, when not preceded by the words
4 “taxable”, “distributable net”, “undistributed net”, or “gross”, means the amount of income of the estate or
5 trust for the taxable year determined under the terms of the governing instrument and applicable local law.
6 Items of gross income constituting extraordinary dividends or taxable stock dividends which the fiduciary, acting
7 in good faith, determines to be allocable to corpus under the terms of the governing instrument and applicable
8 local law shall not be considered income.
9 That “trust” described above in turn is ONLY a PUBLIC trust, meaning the “United States corporation”. The
10 definition of “person” within the Internal Revenue Code confirm this:
11 TITLE 26 > Subtitle F > CHAPTER 68 > Subchapter B > PART I > § 6671
12 § 6671. Rules for application of assessable penalties
14 The term “person”, as used in this subchapter, includes an officer or employee of a corporation, or a member or
15 employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect
16 of which the violation occurs.
17 _________________________________________
18 TITLE 26 > Subtitle F > CHAPTER 75 > Subchapter D > Sec. 7343.
19 Sec. 7343. - Definition of term ''person''
20 The term ''person'' as used in this chapter [Chapter 75] includes an officer or employee of a corporation [U.S.
21 Inc.], or a member or employee of a partnership, who as such officer, employee, or member is under a duty to
22 perform the act in respect of which the violation occurs
23 The PRIVILEGE of exercising the “functions of a public office” is the PRIVILEGE being taxed. That “privilege”
24 is legally defined in 26 U.S.C. §7701(a)(26) as a “trade or business”:
25 “As repeatedly pointed out by this court, the Corporation Tax Law of 1909..imposed an excise or privilege tax,
26 and not in any sense, a tax upon property or upon income merely as income. It was enacted in view of the
27 decision of Pollock v. Farmer’s Loan & T. Co., 157 U.S. 429, 29 L.Ed. 759, 15 Sup.St.Rep. 673, 158 U.S. 601, 39
28 L.Ed. 1108, 15 Sup.Ct.Rep. 912, which held the income tax provisions of a previous law to be unconstitutional
29 because amounting in effect to a direct tax upon property within the meaning of the Constitution, and because
30 not apportioned in the manner required by that instrument.”
31 [U.S. v. Whiteridge, 231 U.S. 144, 34 S.Sup. Ct. 24 (1913)]
32 Congress can only tax or regulate what it creates, and it didn’t create you. Corporations and offices within the
33 government in fact are the only legal “persons” they can lawfully create and therefore tax. This is explained in:
Hierarchy of Sovereignty: The Power to Create Is The Power To Tax, Family Guardian Fellowship
http://famguardian.org/Subjects/Taxes/Remedies/PowerToCreate.htm
34 Everything the government DIDN’T create is therefore PRIVATE and legislatively FOREIGN. The U.S.
35 Supreme Court confirmed that the tax is upon AGENCY as a PUBLIC OFFICE in the national government when
36 they held that the tax can lawfully extend ONLY where the government itself extends, but no further.
37 “Loughborough v. Blake, 5 Wheat. 317, 5 L.Ed. 98, was an action of trespass or, as appears by the original
38 record, replevin, brought in the circuit court for the District of Columbia to try the right of Congress to impose a
39 direct tax for general purposes on that District. 3 Stat. at L. 216, chap. 60. It was insisted that Congress could
40 act in a double capacity: in one as legislating [182 U.S. 244, 260] for the states; in the other as a local legislature
41 for the District of Columbia. In the latter character, it was admitted that the power of levying direct taxes might
42 be exercised, but for District purposes only, as a state legislature might tax for state purposes; but that it could
43 not legislate for the District under art. 1, 8, giving to Congress the power 'to lay and collect taxes, imposts, and
44 excises,' which 'shall be uniform throughout the United States,' inasmuch as the District was no part of the
45 United States [described in the Constitution]. It was held that the grant of this power was a general one without
46 limitation as to place, and consequently extended to all places over which the government extends; and that it
15 The phrase “extended to all places over which the government extends” means where the OFFICES and therefore
16 STATUTORY “persons” of the government extend. Those offices, as indicated above, can be exercised
17 ANYWHERE, but Congress MUST EXPRESSLY authorize their exercise in a SPECIFIC geographic place and
18 cause those exercising it to take an oath, as required by 4 U.S.C. §72 and 5 U.S.C. §3331 respectively. Those
19 offices, in turn, are “officers of a corporation” because the government itself is a corporation as held by the U.S.
20 Supreme Court:
21 "Corporations are also of all grades, and made for varied objects; all governments are corporations, created by
22 usage and common consent, or grants and charters which create a body politic for prescribed purposes; but
23 whether they are private, local or general, in their objects, for the enjoyment of property, or the exercise of
24 power, they are all governed by the same rules of law, as to the construction and the obligation of the
25 instrument by which the incorporation is made. One universal rule of law protects persons and property. It is
26 a fundamental principle of the common law of England, that the term freemen of the kingdom, includes 'all
27 persons,' ecclesiastical and temporal, incorporate, politique or natural; it is a part of their magna charta (2 Inst.
28 4), and is incorporated into our institutions. The persons of the members of corporations are on the same footing
29 of protection as other persons, and their corporate property secured by the same laws which protect that of
30 individuals. 2 Inst. 46-7. 'No man shall be taken,' 'no man shall be disseised,' without due process of law, is a
31 principle taken from magna charta, infused into all our state constitutions, and is made inviolable by the federal
32 government, by the amendments to the constitution."
33 [Proprietors of Charles River Bridge v. Proprietors of Warren Bridge, 36 U.S. 420 (1837)]
34 _______________________________________________________________________________________
44 5 The Founding Fathers rejected the idea of a government that is a corporate franchise 2
45 As already explained, the Framers enumerated the power “To coin Money” among the “legislative” powers of
46 Congress because that power originally had been part of the English King’s “executive” prerogative. 3 So, too,
47 had been the power of incorporation. As Blackstone wrote, because “[t]the king * * * the fountain of honour, of
48 office, and of privilege”, “the king has * * * the prerogative of conferring privileges on private persons”, including
49 “the prerogative of erecting corporations; whereby a number of private persons are united and knit together, and
50 enjoy many liberties, powers, and immunities in their political capacity which they were utterly incapable of in
51 their natural”.4 Further, “the king’s consent is absolutely necessary to the erection of any corporation, either
52 impliedly or expressly given”.
2
Adapted from Pieces of Eight, by Edwin Viera, Second Edition, Copyright 2002, Sheridan Books, Inc., Fredericksburg, Virginia, pp. 261 through 265.
3
See ante, at 118.
4
1 W. Blackstone, Commentaries, ante note 172, at 271, 272-73.
7 Blackstone noted that “[t]he parliament * * * by its absolute and transcendent authority, may perform this [i.e., an
8 act of incorporation] * * * and actually did perform it to a great extent” in the cases of “hospitals and houses of
9 correction founded by charitable persons” and “in other cases of charitable foundations. But otherwise it has not
10 formerly been usual thus to entrench upon the prerogative of the crown, and the king may prevent it when he
11 pleases.” 6 Thus, the power to incorporate under English law was not, or at least not exclusively, “legislative”
12 power. For, even when a corporate charter found its genesis in an actual Act of Parliament, as with any other
13 statute it nevertheless needed the “royal asset [as] a necessary ingredient”.7
14 Therefore, had the Framers desired to include a power to incorporate among the “legislative” powers of Congress
15 under Article I of the Constitution, they would have had to exclude that power by implication from the “executive”
16 powers of the President in Article II by explicitly enumerating it in Article I, just as they did with the power “To
17 coin Money”. Moreover, they would also have had explicitly to prohibit any exercise of that power by the
18 President—because, under the historic English law, even if a corporation received its charter by Act of Parliament,
19 “the king may prevent it when he pleases”. That is, if Congress received the power to incorporate only by an
20 implied grant under the Necessary and Proper Clause,8 as the Supreme Court later held in McCulloch v.
21 Maryland,9 then arguably the President retained an implied negative power over legislative incorporations in his
22 general “executive Power”10—a power of disallowance going beyond his normal power to veto other kinds of
23 legislation.
24 After Colonies’ Declaration of Independence from Britain, no power of incorporation appeared in the Articles of
25 Confederation. Notwithstanding that, Congress incorporated the Bank of North America. In McCulloch,
26 however, Chief Justice Marshall recognized that, “[u]nder the confederation, Congress, justifying the measure by
27 its necessity, transcended perhaps its powers to obtain the advantage of a bank”.11 In the States, the power was
28 apparently often deemed “legislative”, rather than “executive” (although on what ground, given the antecedent
29 English law, is unclear).12 But, even had the power somehow been transformed into a purely “legislative” one
30 there, it had not automatically and sub silentio pass to Congress on ratification of the Constitution, because Article
31 I states that only “[a]ll legislative Powers herein granted shall be vested in * * * Congress”,13 not all conceivable
32 “legislative Powers”. And the power to incorporate nowhere appears in haec verba in the Constitution.
33 Conceivably, the absence of an enumerated Congressional power to incorporate stemmed from the notion that,
34 because the power of incorporation as exercised by the King had been a power of dispensing with the common
35 law in favor of corporators, and because an implied “dispensing” power in the “executive Power” was inconsistent
36 with the President’s duty to “take Care that the Laws be faithfully executed”,14 the power to incorporate need not
5
Id. At 472, 473 (footnotes omitted).
6
Id. At 474.
7
See id. At 184-185.
8
U.S. Const. art. I, §8, cl. 18.
9
17 U.S. 94 (Wheat.) 316 (1819), discussed post, at 339-51, 375-76.
10
U.S. Const. art II, §1, cl. 1.
11
7 U.S. (4 Wheat.) at 423 (dictum).
12
See 1 W. Crosskey, Politics and the Constitution, ante note 96, at 436-37.
13
U.S. Const. art. I, §1 (emphasis supplied).
14
U.S. Const. art. II, §3.
7 Second, this argument overlooks how, in the Federal Convention, the Framers actually considered, but rejected, a
8 Congressional power of incorporation. The power was proposed in two forms: “To grant charters of incorporation
9 in cases where the public good may require them, and the authority of a single State may be incompetent”, and
10 simply “To grant charters of incorporation”, 16 Working on the Committee of Style’s proposed draft of the
11 Constitution, which included no such power:
12 Doc. Franklin moved to add after the words “post roads” Art. I, Section 8. “a power to provide for cutting canals
13 where deemed necessary”
15 Mr Sherman objected. The expence in such cases will fall on the U. States, and the benefit accrue to the places
16 where the canals may be cut.
17 Mr Wilson. Instead of being an expence to the U.S. they may be made a source of revenue.
18 Mr Madison suggested an enlargement of the motion into a power “to grant charters of incorporation where the
19 interest of the U.S. might require & the legislative provisions of individual States may be incompetent.” His
20 primary object was however to secure an easy communication between the States which the free intercourse now
21 to be opened, seemed to call for. The political obstacles being removed, a removal of the natural ones as far as
22 possible ought to follow. Mr Randolph [seconded] the proposition.
24 Mr. Wilson. It is necessary to prevent a State from obstructing the general welfare.
25 Mr. King. The States will be prejudiced and divided into parties by it. In Philad[elphia] & New York, It will be
26 referred to the establishment of a Bank, which has been a subject of contention in those Cities. In other places,
27 it will be referred to mercantile monopolies.
28 Mr. Wilson mentioned the importance of facilitating by canals, the communication with the Western Settlements.
29 As to Banks he did not think with Mr. King that the Power in that point of view would excite the prejudices &
30 parties apprehended. As to mercantile monopolies they are already included in the power to regulate trade.
31 Col: Mason was for limiting the power to the single case of Canals. He was afraid of monopolies of every sort,
32 which he did not think were by any means already implied by the Constitution as supposed by Mr. Wilson.
33 The motions being so modified as to admit a distinct question specifying & limited to the case of canals, N[ew]
34 H[ampshire] no. Mas[sachusetts] no. C[onnecticut] no. N[ew] J[ersey] no. P[ennsylvani]a ay. Del[aware]
35 no. M[arylan]d no. V[irgini]a ay. N[orth] C[arolina] no. S[outh] C[arolina[ no. Geo[rgia] ay.
37 Interestingly in this debate, neither James Wilson (a proponent of a Congressional power of incorporation) nor
38 anyone else said that a general power of incorporation, or a specific power to incorporate a bank, was already
39 included, explicitly or by implication, in some other power the Constitution granted. Quite the contrary: Rufus
40 King opposed adding a power of incorporation precisely because “[i]t will be referred to the establishment of a
15
See 1 W. Crosskey, Politics and the Constitution, ante note 96, at 437.
16
See 2 The Records of the Federal Convention, ante note 128, at 321, 322, 325.
17
Documents illustrative, ante note 191, at 724-25. See Debates on the Adoption of the Federal Convention, ante note 191, at 543-44;2 The records of the
Federal Convention, ante note 128, at 515-16.
11 The short of it all was that several proposals to empower Congress to incorporate were put forward—and the
12 Framers disapproved every one. That the proposals were advanced at all evidences their proponent’s belief,
13 correct in light of the standing Anglo-American law, that they were necessary, either to incorporate canals or
14 banks, or to incorporate a “mercantile monopol[y]”. And that the proposals were voted down proves that the
15 Constitution contains no authority, express or implied, for Congress to incorporate in general, or specifically to
16 incorporate banks. These conclusions are confirmed by the U.S. Supreme Court in the Legal Tender Cases as
17 follows:
18 “And after the first clause of the tenth section of the first article had been reported in the form in which it now
19 stands, forbidding the states to make anything but gold or silver coin a tender in payment of debts, or to pass
20 *444 any law impairing the obligation of contracts, when Mr. Gerry, as reported by Mr. Madison, ‘entered into
21 observations inculcating the importance of public faith, and the propriety of the restraint put on the states from
22 impairing the obligation of contracts; alleging that congress ought to be laid under the like prohibitions;’ and
23 made a motion to **128 that effect; he was not seconded. Id. 546.As an illustration of the danger of giving too
24 much weight, upon such a question, to the debates and the votes in the convention, it may also be observed that
25 propositions to authorize congress to grant charters of incorporation for national objects were strongly
26 opposed, especially as regarded banks, and defeated. Id. 440, 543, 544.”
27 [Legal Tender Cases, 110 U.S. 421, 443-444, 4 S.Ct. 122 (1884)]
28 The most complete treatment of the power of the government to create corporations is found in the U.S. Supreme
29 Court case of M'Culloch v. State, 17 U.S. 316, 1819 WL 2135 (U.S.,1819). In that case, the following about the
30 authority of Congress to establish corporations:
31 1. The power to create corporations is nowhere expressly conferred within the United States Constitution.
32 2. The power is implied within the “necessary and proper” clauses of the constitution.
33 3. The power is regularly exercised by the state governments both before and after the Constitution was ratified and also is
34 not mentioned in the state constitutions ratified before the federal constitution was ratified either.
35 Below is a concise excerpt from the above case explaining why the court believed that the U.S. government had
36 the right to create corporations:
37 It is objected, that this act creates a corporation; which, being an exercise of a fundamental power of
38 sovereignty, can only be claimed by congress, under their grant of specific powers. But to have enumerated the
39 power of establishing corporations, among the specific powers of congress, would have been to change the
40 whole plan of the constitution; to destroy its simplicity, and load it with all the complex details of a code of
41 private jurisprudence. The power of establishing corporations is not one of the ends of government; it is only a
42 class of means for accomplishing its ends. An enumeration *358 of this particular class of means, omitting all
43 others, would have been a useless anomaly in the constitution. It is admitted, that this is an act to sovereignty,
44 and so is any other law; if the authority of establishing corporations be a sovereign power, the United States are
45 sovereign, as to all the powers specifically given to their government, and as to all others necessary and proper
46 to carry into effect those specified. If the power of chartering a corporation be necessary and proper for this
47 purpose, congress has it to an extent as ample as any other sovereign legislature. Any government of limited
48 sovereignty can create corporations only with reference to the limited powers that government possesses. The
49 inquiry then reverts, whether the power of incorporating a banking company, be a necessary and proper means
50 of executing the specific powers of the national government. The immense powers incontestably given, show that
51 there was a disposition, on the part of the people, to give ample means to carry those powers into effect. A state
52 can create a corporation, in virtue of its sovereignty, without any specific authority for that purpose, conferred
53 in the state constitutions. The United States are sovereign as to certain specific objects, and may, therefore,
54 erect a corporation for the purpose of effecting those objects. If the incorporating power had been expressly
3 Nor does the rule of interpretation we contend for, sanction any usurpation, on the part of the national
4 government; since, if the argument be, that the *359 implied powers of the constitution may be assumed and
5 exercised, for purposes not really connected with the powers specifically granted, under color of some imaginary
6 relation between them, the answer is, that this is nothing more than arguing from the abuse of constitutional
7 powers, which would equally apply against the use of those that are confessedly granted to the national
8 government; that the danger of the abuse will be checked by the judicial department, which, by comparing the
9 means with the proposed end, will decide, whether the connection is real, or assumed as the pretext for the
10 usurpation of powers not belonging to the government; and that, whatever may be the magnitude of the danger
11 from this quarter, it is not equal to that of annihilating the powers of the government, to which the opposite
12 doctrine would inevitably tend.
13 [. . .]
14 The state powers are much less in point of magnitude, though greater in number; yet it is supposed, the states
15 possess the authority of establishing corporations, whilst it is denied to the general government. It is conceded
16 to the state legislatures, though not specifically granted, because it is said to be an incident of state sovereignty;
17 but it *383 is refused to congress, because it is not specifically granted, though it may be necessary and proper
18 to execute the powers which are specifically granted. But the authority of legislation in the state government is
19 not unlimited; there are several limitations to their legislative authority. First, from the nature of all government,
20 especially, of republican government, in which the residuary powers of sovereignty, not granted specifically, by
21 inevitable implication, are reserved to the people. Secondly, from the express limitations contained in the state
22 constitutions. And thirdly, from the express prohibitions to the states contained in the United States constitution.
23 The power of erecting corporations is nowhere expressly granted to the legislatures of the states in their
24 constitutions; it is taken by necessary implication: but it cannot be exercised to accomplish any of the ends
25 which are beyond the sphere of their constitutional authority. The power of erecting corporations is not an end
26 of any government; it is a necessary means of accomplishing the ends of all governments. It is an authority
27 inherent in, and incident to, all sovereignty.
28 **23 The history of corporations will illustrate this position. They were transplanted from the Roman law into
29 the common law of England, and all the municipal codes of modern Europe. From England, they were derived to
30 this country. But in the civil law, a corporation could be created by a mere voluntary association of individuals.
31 1 Bl. Com. 471. And in England, the authority of parliament *384 is not necessary to create a corporate body.
32 The king may do it, and may communicate his power to a subject (1 Bl. Com. 474), so little is this regarded as a
33 transcendent power of sovereignty, in the British constitution. So also, in our constitution, it ought to be regarded
34 as but a subordinate power to carry into effect the great objects of government. The state governments cannot
35 establish corporations to carry into effect the national powers given to congress, nor can congress create
36 corporations to execute the peculiar duties of the state governments. But so much of the power or faculty of
37 incorporation as concerns national objects has passed away from the state legislatures, and is vested in the
38 national government. An act of incorporation is but a law, and laws are but means to promote the legitimate
39 end of all government-the felicity of the people. All powers are given to the national government, as the people
40 will. The reservation in the 10th amendment to the constitution, of ‘powers not delegated to the United States,’
41 is not confined to powers not expressly delegated. Such an amendment was indeed proposed; but it was
42 perceived, that it would strip the government of some of its most essential powers, and it was rejected. Unless
43 a specific means be expressly prohibited to the general government, it has it, within the sphere of its specified
44 powers. Many particular means are, of course, involved in the general means necessary to carry into effect the
45 powers expressly granted, and in that case, the general means become *385 the end, and the smaller objects the
46 means.
47 It was impossible for the framers of the constitution to specify, prospectively, all these means, both because it
48 would have involved an immense variety of details, and because it would have been impossible for them to
49 foresee the infinite variety of circumstances, in such an unexampled state of political society as ours, for ever
50 changing and forever improving. How unwise would it have been, to legislate immutably for exigencies which
51 had not then occurred, and which must have been foreseen but dimly and imperfectly! The security against abuse
52 is to be found in the constitution and nature of the government, in its popular character and structure. The statute
53 book of the United States is filled with powers derived from implication. The power to lay and collect taxes will
54 not execute itself. Congress must designate in detail all the means of collection. So also, the power of establishing
55 post-offices and post-roads, involves that of punishing the offence of robbing the mail. But there is no more
56 necessary connection between the punishment of mail-robbers, and the power to establish post-roads, than there
57 is between the institution of a bank, and the collection of the revenue and payment of the public debts and
58 expenses. So, light-houses, beacons, buoys and public piers, have all been established, under the general power
59 to regulate commerce. But they are not indispensably necessary to commerce. It might linger on, without these
60 aids, though exposed to more perils and losses. So, congress has authority to coin money, and to guard the purity
61 of the circulating medium, by providing for the punishment *386 of counterfeiting the current coin; but laws are
62 also made for punishing the offence of uttering and passing the coin thus counterfeited. It is the duty of the court
63 to construe the constitutional powers of the national government liberally, and to mould them so as to effectuate
64 its great objects. Whence is derived the power to punish smuggling? It does not collect the impost, but it is a
3 **24 The power of making all needful rules and regulations respecting the territory of the United States, is
4 one of the specified powers of congress. Under this power, it has never been doubted, that congress had
5 authority to establish corporations in the territorial governments. But this power is derived entirely from
6 implication. It is assumed, as an incident to the principal power. If it may be assumed, in that case, upon the
7 ground, that it is a necessary means of carrying into effect the power expressly granted, why may it not be
8 assumed, in the present case, upon a similar ground? It is readily admitted, there must be a relation, in the nature
9 and fitness of things between the means used and the end to be accomplished. But the question is, whether the
10 necessity which will justify a resort to a certain means, must be an absolute, indispensable, inevitable necessity?
11 The power of passing all laws necessary and proper to carry into effect the other powers specifically granted, is
12 a political power; it *387 is a matter of legislative discretion, and those who exercise it, have a wide range of
13 choice in selecting means. In its exercise, the mind must compare means with each other. But absolute necessity
14 excludes all choice; and therefore, it cannot be this species of necessity which is required. Congress alone has
15 the fit means of inquiry and decision. The more or less of necessity never can enter as an ingredient into judicial
16 decision. Even absolute necessity cannot be judged of here; still less, can practical necessity be determined in a
17 judicial forum. The judiciary may, indeed, and must, see that what has been done is not a mere evasive pretext,
18 under which the national legislature travels out of the prescribed bounds of its authority, and encroaches upon
19 state sovereignty, or the rights of the people. For this purpose, it must inquire, whether the means assumed have
20 a connection, in the nature and fitness of things, with the end to be accomplished. The vast variety of possible
21 means, excludes the practicability of judicial determination as to the fitness of a particular means. It is sufficient,
22 that it does not appear to be violently and unnaturally forced into the service, or fraudulently assumed, in order
23 to usurp a new substantive power of sovereignty. A philological analysis of the terms ‘necessary and proper’ will
24 illustrate the argument. Compare these terms as they are used in that part of the constitution now in question,
25 with the qualified manner in which they are used in the 10th section of the same article. In the latter, it is provided
26 that ‘no state shall, without the consent of congress, lay any imposts or duties on imports *388 or exports, except
27 what may be absolutely necessary for executing its inspection laws.’ In the clause in question, congress is invested
28 with the power ‘to make all laws which shall be necessary and proper for carrying into execution the foregoing
29 powers,’ &c. There is here then, no qualification of the necessity; it need not be absolute; it may be taken in its
30 ordinary grammatical sense. The word necessary, standing by itself, has no inflexible meaning; it is used in a
31 sense more or less strict, according to the subject. This, like many other words, has a primitive sense, and another
32 figurative and more relaxed; it may be qualified by the addition of adverbs of diminution or enlargement, such
33 as very, indispensably, more, less, or absolutely necessary; which last is the sense in which it is used in the 10th
34 section of this article of the constitution. But that it is not always used in this strict and rigorous sense, may be
35 proved, by tracing its definition, and etymology in every human language.
36 [. . .]
37 Among the enumerated powers, we do not find that of establishing a bank or creating a corporation. But there
38 is no phrase in the instrument which, like the articles of confederation, excludes incidental or implied powers;
39 and which requires that everything granted shall be expressly and minutely described. Even the 10th
40 amendment, which was framed for the purpose of quieting the excessive jealousies which had been excited,
41 omits the word ‘expressly,’ and declares only, that the powers ‘not delegated to the United States, nor prohibited
42 to the states, are reserved to the states or to the people;’ thus leaving the question, whether the particular power
43 which may become the subject of contest, has been delegated to the one government, or prohibited to the other,
44 to depend on a fair construction of the whole instrument. The men who drew and adopted this amendment had
45 experienced the embarrassments resulting from the insertion of this word in the articles *407 of confederation,
46 and probably omitted it, to avoid those embarrassments. A constitution, to contain an accurate detail of all the
47 subdivisions of which its great powers will admit, and of all the means by which they may be carried into
48 execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind. It
49 would, probably, never be understood by the public. Its nature, therefore, requires, that only its great outlines
50 should be marked, its important objects designated, and the minor ingredients which compose those objects, be
51 deduced from the nature of the objects themselves. That this idea was entertained by the framers of the American
52 constitution, is not only to be inferred from the nature of the instrument, but from the language. Why else were
53 some of the limitations, found in the 9th section of the 1st article, introduced? It is also, in some degree, warranted,
54 by their having omitted to use any restrictive term which might prevent its receiving a fair and just interpretation.
55 In considering this question, then, we must never forget that it is a constitution we are expounding.”
56 [M'Culloch v. State, 17 U.S. 316, 1819 WL 2135 (U.S.,1819)]
57 6 Three Main Corporate Entities: “State”, “United States”, and “United States of America”
58 The U.S. Supreme Court has recognized that all governments are corporations when it ruled the following:
59 "Corporations are also of all grades, and made for varied objects; all governments are corporations, created by
60 usage and common consent, or grants and charters which create a body politic for prescribed purposes; but
61 whether they are private, local or general, in their objects, for the enjoyment of property, or the exercise of
62 power, they are all governed by the same rules of law, as to the construction and the obligation of the
63 instrument by which the incorporation is made. One universal rule of law protects persons and property. It is
9 Not only are all governments corporations, but they are also “bodies politic”. If you remove the “body politic”
10 characteristic of a government, the only thing you have left is simply a private corporation no different from
11 FedEx, Enron, or any other private corporation:
12 Both before and after the time when the Dictionary Act and § 1983 were passed, the phrase “bodies politic and
13 corporate” was understood to include the [governments of the] States. See, e.g., J. Bouvier, 1 A Law Dictionary
14 Adapted to the Constitution and Laws of the United States of America 185 (11th ed. 1866); W. Shumaker & G.
15 Longsdorf, Cyclopedic Dictionary of Law 104 (1901); Chisholm v. Georgia, 2 U.S. (2 Dall.) 419, 447, 1 L.Ed.
16 440 (1793) (Iredell, J.); id., at 468 (Cushing, J.); Cotton v. United States, 52 U.S. (11 How.) 229, 231, 13 L.Ed.
17 675 (1851) (“Every sovereign State is of necessity a body politic, or artificial person”); Poindexter v. Greenhow,
18 114 U.S. 270, 288, 5 S.Ct. 903, 29 L.Ed. 185 (1885); McPherson v. Blacker, 146 U.S. 1, 24, 13 S.Ct. 3, 6, 36
19 L.Ed. 869 (1892); Heim v. McCall, 239 U.S. 175, 188, 36 S.Ct. 78, 82, 60 L.Ed. 206 (1915). See also United
20 States v. Maurice, 2 Brock. 96, 109, 26 F.Cas. 1211 (CC Va.1823) (Marshall, C.J.) (“The United States is a
21 government, and, consequently, a body politic and corporate”); Van Brocklin v. Tennessee, 117 U.S. 151, 154,
22 6 S.Ct. 670, 672, 29 L.Ed. 845 (1886) (same). Indeed, the very legislators who passed § 1 referred to States in
23 these terms. See, e.g., Cong. Globe, 42d Cong., 1st Sess., 661-662 (1871) (Sen. Vickers) (“What is a State? Is *79
24 it not a body politic and corporate?”); id., at 696 (Sen. Edmunds) (“A State is a corporation”).
25 The reason why States are “bodies politic and corporate” is simple: just as a corporation is an entity that can
26 act only through its agents, “[t]he State is a political corporate body, can act only through agents, and can
27 command only by laws.” Poindexter v. Greenhow, supra, 114 U.S., at 288, 5 S.Ct. at 912-913. See also Black’s
28 Law Dictionary 159 (5th ed. 1979) (“[B]ody politic or corporate”: “A social compact by which the whole people
29 covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for
30 the common good”). As a “body politic and corporate,” a State falls squarely within the Dictionary Act's
31 definition of a “person.”
32 While it is certainly true that the phrase “bodies politic and corporate” referred to private and public
33 corporations, see ante, at 2311, and n. 9, this fact does not draw into question the conclusion that this phrase
34 also applied to the States. Phrases may, of course, have multiple referents. Indeed, each and every dictionary
35 cited by the Court accords a broader realm-one **2317 that comfortably, and in most cases explicitly, includes
36 the sovereign-to this phrase than the Court gives it today. See 1B. Abbott, Dictionary of Terms and Phrases Used
37 in American or English Jurisprudence 155 (1879) (“[T]he term body politic is often used in a general way, as
38 meaning the state or the sovereign power, or the city government, without implying any distinct express
39 incorporation”); W. Anderson, A Dictionary of Law 127 (1893) (“[B]ody politic”: “The governmental, sovereign
40 power: a city or a State”); Black’s Law Dictionary 143 (1891) (“[B]ody politic”: “It is often used, in a rather
41 loose way, to designate the state or nation or sovereign power, or the government of a county or municipality,
42 without distinctly connoting any express and individual corporate charter”); 1A. Burrill, A Law Dictionary and
43 Glossary 212 (2d ed. 1871) (“[B]ody politic”: “A body to take in succession, framed by policy”;
44 “[p]articularly*80 applied, in the old books, to a Corporation sole”); id., at 383 (“Corporation sole” includes
45 the sovereign in England).
46 [Will v. Michigan Dept. of State Police, 491 U.S. 58, 109 S.Ct. 2304 (U.S.Mich.,1989)]
47 Our system of republican government is comprised of three main types of government corporations, listed below
48 in the order they were created:
49 1. “States”: States of the Union, which existed before the Articles of Confederation and the United States Constitution.
50 2. “United States of America”: The states of the Union in their corporate or consolidated capacity.
51 3. “United States”: The political entity created by the “United States of America” which was delegated exclusive authority
52 over all matters external to the states of the Union and foreign in respect to them.
53 The U.S. Supreme Court eloquently explained the relationship between these three corporate entities in the case
54 of United States v. Curtiss-Wright Export Corporation, 299 U.S. 304 (1936):
55 “It will contribute to the elucidation of the question if we first consider the differences between the powers of
56 the federal government in respect of foreign or external affairs and those in respect of domestic or internal
57 affairs. That there are differences between them, and that these differences are fundamental, may not be doubted.
15 As a result of the separation from Great Britain by the colonies, acting as a unit, the powers of external
16 sovereignty passed from the Crown not to the colonies severally, but to the colonies in their collective and
17 corporate capacity as the United States of America. Even before the Declaration, the colonies were a unit in
18 foreign affairs, acting through a common agency-namely, the Continental Congress, composed of delegates
19 from the thirteen colonies. That agency exercised the powers of war and peace, raised an army, created a navy,
20 and finally adopted the Declaration of Independence. Rulers come and go; governments end and forms of
21 government change; but sovereignty survives. A political society cannot endure [299 U.S. 304, 317] without a
22 supreme will somewhere. Sovereignty is never held in suspense. When, therefore, the external sovereignty of
23 Great Britain in respect of the colonies ceased, it immediately passed to the Union. See Penhallow v. Doane, 3
24 Dall. 54, 80, 81, Fed.Cas. No. 10925. That fact was given practical application almost at once. The treaty of
25 peace, made on September 3, 1783, was concluded between his Brittanic Majesty and the 'United States of
26 America.' 8 Stat., European Treaties, 80.
27 The Union existed before the Constitution, which was ordained and established among other things to form 'a
28 more perfect Union.' Prior to that event, it is clear that the Union, declared by the Articles of Confederation to
29 be 'perpetual,' was the sole possessor of external sovereignty, and in the Union it remained without change
30 save in so far as the Constitution in express terms qualified its exercise. The Framers' Convention was called
31 and exerted its powers upon the irrefutable postulate that though the states were several their people in respect
32 of foreign affairs were one. Compare The Chinese Exclusion Case, 130 U.S. 581, 604 , 606 S., 9 S.Ct. 623. In
33 that convention, the entire absence of state power to deal with those affairs was thus forcefully stated by Rufus
34 King:
35 'The states were not 'sovereigns' in the sense contended for by some. They did not possess the
36 peculiar features of [external] sovereignty,-they could not make war, nor peace, nor alliances,
37 nor treaties. Considering them as political beings, they were dumb, for they could not speak to
38 any foreign sovereign whatever. They were deaf, for they could not hear any propositions from
39 such sovereign. They had not even the organs or faculties of defence or offence, for they could
40 not of themselves raise troops, or equip vessels, for war.' 5 Elliot's Debates, 212.1 [299 U.S.
41 304, 318] It results that the investment of the federal government with the powers of external
42 sovereignty did not depend upon the affirmative grants of the Constitution. The powers to declare
43 and wage war, to conclude peace, to make treaties, to maintain diplomatic relations with other
44 sovereignties, if they had never been mentioned in the Constitution, would have vested in the
45 federal government as necessary concomitants of nationality. Neither the Constitution nor the
46 laws passed in pursuance of it have any force in foreign territory unless in respect of our own
47 citizens (see American Banana Co. v. United Fruit Co., 213 U.S. 347, 356 , 29 S.Ct. 511, 16
48 Ann.Cas. 1047); and operations of the nation in such territory must be governed by treaties,
49 international understandings and compacts, and the principles of international law. As a
50 member of the family of nations, the right and power of the United States in that field are equal
51 to the right and power of the other members of the international family. Otherwise, the United
52 States is not completely sovereign. The power to acquire territory by discovery and occupation
53 ( Jones v. United States, 137 U.S. 202, 212 , 11 S.Ct. 80), the power to expel undesirable aliens
54 (Fong Yue Ting v. United States, 149 U.S. 698 , 705 et seq., 13 S.Ct. 1016), the power to make
55 such international agreements as do not constitute treaties in the constitutional sense (Altman
56 & Co. v. United States, 224 U.S. 583, 600 , 601 S., 32 S.Ct. 593; Crandall, Treaties, Their Making
57 and Enforcement (2d Ed.) p. 102 and note 1), none of which is expressly affirmed by the
58 Constitution, nevertheless exist as inherently inseparable from the conception of nationality.
59 This the court recognized, and in each of the cases cited found the warrant for its conclusions
60 not in the provisions of the Constitution, but in the law of nations.
61 In Burnet v. Brooks, 288 U.S. 378, 396 , 53 S.Ct. 457, 461, 86 A.L.R. 747, we said, 'As a nation with all the
62 attributes of sovereignty, the United States is vested with all the powers of government necessary to maintain an
63 effective control of international relations.' Cf. Carter v. Carter Coal Co., supra, 298 U.S. 238 , at page 295, 56
64 S.Ct. 855, 865. [299 U.S. 304, 319] Not only, as we have shown, is the federal power over external affairs in
65 origin and essential character different from that over internal affairs, but participation in the exercise of the
66 power is significantly limited. In this vast external realm, with its important, complicated, delicate and manifold
67 problems, the President alone has the power to speak or listen as a representative of the nation. He makes
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1 treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the
2 Senate cannot intrude; and Congress itself is powerless to invade it. As Marshall said in his great argument of
3 March 7, 1800, in the House of Representatives, 'The President is the sole organ of the nation in its external
4 relations, and its sole representative with foreign nations.' Annals, 6th Cong., col. 613. The Senate Committee
5 on Foreign Relations at a very early day in our history ( February 15, 1816), reported to the Senate, among other
6 things, as follows:
7 'The President is the constitutional representative of the United States with regard to foreign
8 nations. He manages our concerns with foreign nations and must necessarily be most
9 competent to determine when, how, and upon what subjects negotiation may be urged with the
10 greatest prospect of success. For his conduct he is responsible to the Constitution. The
11 committee considers this responsibility the surest pledge for the faithful discharge of his duty.
12 They think the interference of the Senate in the direction of foreign negotiations calculated to
13 diminish that responsibility and thereby to impair the best security for the national safety. The
14 nature of transactions with foreign nations, moreover, requires caution and unity of design, and
15 their success frequently depends on secrecy and dispatch.' 8 U.S.Sen.Reports Comm. on Foreign
16 Relations, p. 24.
17 It is important to bear in mind that we are here dealing not alone with an authority vested in the President by an
18 [299 U.S. 304, 320] exertion of legislative power, but with such an authority plus the very delicate, plenary and
19 exclusive power of the President as the sole organ of the federal government in the field of international relations-
20 a power which does not require as a basis for its exercise an act of Congress, but which, of course, like every
21 other governmental power, must be exercised in subordination to the applicable provisions of the Constitution. It
22 is quite apparent that if, in the maintenance of our international relations, embarrassment-perhaps serious
23 embarrassment-is to be avoided and success for our aims achieved, congressional legislation which is to be made
24 effective through negotiation and inquiry within the international field must often accord to the President a degree
25 of discretion and freedom from statutory restriction which would not be admissible were domestic affairs alone
26 involved. Moreover, he, not Congress, has the better opportunity of knowing the conditions which prevail in
27 foreign countries, and especially is this true in time of war. He has his confidential sources of information. He
28 has his agents in the form of diplomatic, consular and other officials. Secrecy in respect of information gathered
29 by them may be highly necessary, and the premature disclosure of it productive of harmful results. Indeed, so
30 clearly is this true that the first President refused to accede to a request to lay before the House of Representatives
31 the instructions, correspondence and documents relating to the negotiation of the Jay Treaty-a refusal the wisdom
32 of which was recognized by the House itself and has never since been doubted. In his reply to the request,
33 President Washington said:
34 'The nature of foreign negotiations requires caution, and their success must often depend on
35 secrecy; and even when brought to a conclusion a full disclosure of all the measures, demands,
36 or eventual concessions which may have been proposed or contemplated would be extremely
37 [299 U.S. 304, 321] impolitic; for this might have a pernicious influence on future negotiations,
38 or produce immediate inconveniences, perhaps danger and mischief, in relation to other powers.
39 The necessity of such caution and secrecy was one cogent reason for vesting the power of making
40 treaties in the President, with the advice and consent of the Senate, the principle on which that
41 body was formed confining it to a small number of members. To admit, then, a right in the House
42 of Representatives to demand and to have as a matter of course all the papers respecting a
43 negotiation with a foreign power would be to establish a dangerous precedent.' 1 Messages and
44 Papers of the Presidents, p. 194.
45 The marked difference between foreign affairs and domestic affairs in this respect is recognized by both houses
46 of Congress in the very form of their requisitions for information from the executive departments. In the case
47 of every department except the Department of State, the resolution directs the official to furnish the information.
48 In the case of the State Department, dealing with foreign affairs, the President is requested to furnish the
49 information 'if not incompatible with the public interest.' A statement that to furnish the information is not
50 compatible with the public interest rarely, if ever, is questioned. “
51 [United States v. Curtiss-Wright Export Corporation, 299 U.S. 304 (1936)]
52 A diagram of the hierarchical relationship between these corporate entities may be helpful to solidify what we
53 have learned in this section:
We The People
(as individuals)
Constitution
2 Some people question the validity of showing the Articles of Confederation in the above diagram because they
3 assume that the Constitution repealed these Articles. It is a fact that:
2 A very important subject is the division of legal authority between PUBLIC and PRIVATE rights. On this subject
3 the U.S. Supreme Court held:
4 “A private person cannot make constitutions or laws, nor can he with authority construe them, nor can he
5 administer or execute them.”
6 [United States v. Harris, 106 U.S. 629, 1 S.Ct. 601, 27 L.Ed. 290 (1883)]
7 If you can't "execute" them, then you ALSO can't enforce them against ANYONE else. Some people might be
8 tempted to say that we all construe them against the private person daily, but in fact we can't do that WITHOUT
9 being a public officer WITHIN the government.
10 “The reason why States are “bodies politic and corporate” is simple: just as a corporation is an entity that can
11 act only through its agents, “[t]he State is a political corporate body, can act only through agents, and can
12 command only by laws.” Poindexter v. Greenhow, supra, 114 U.S., at 288, 5 S.Ct. at 912-913. See also Black’s
13 Law Dictionary 159 (5th ed. 1979) (“[B]ody politic or corporate”: “A social compact by which the whole people
14 covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for
15 the common good”). As a “body politic and corporate,” a State falls squarely within the Dictionary Act's
16 definition of a “person.”
17 [Will v. Michigan Dept. of State Police, 491 U.S. 58, 109 S.Ct. 2304 (U.S.Mich.,1989)]
18 If we do enforce the law as a private nonresident human, we are criminally impersonating a public officer in
19 violation of 18 U.S.C. §912. Other U.S. Supreme Court cites also confirm why this must be:
20 “All the powers of the government [including ALL of its civil enforcement powers against the public] must be
21 carried into operation by individual agency, either through the medium of public officers, or contracts made
22 with [private] individuals.”
23 [Osborn v. Bank of U.S., 22 U.S. 738 (1824)]
24 _______________________________________
25 “…we are of the opinion that there is a clear distinction in this particular between an [PRIVATE] individual
26 and a [PUBLIC] corporation, and that the latter has no right to refuse to submit its books and papers for an
27 examination at the suit of the state. The individual may stand upon his constitutional rights as a citizen. He is
28 entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to
29 the state or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may
30 tend to criminate him. He owes no such duty to the state, since he receives nothing therefrom, beyond the
31 protection of his life and property. His rights are such as existed by the law of the land long antecedent to the
32 organization of the state, and can only be taken from him by due process of law, and in accordance with the
33 Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his
34 property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he
35 does not trespass upon their rights.
36 “Upon the other hand, the [PUBLIC] corporation is a creature of the state. It is presumed to be incorporated
37 for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the
38 laws of the state and the limitations of its charter. Its powers are limited by law. It can make no contract not
39 authorized by its charter. Its rights to [201 U.S. 43, 75] act as a corporation are only preserved to it so long
40 as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and
41 find out whether it has exceeded its powers. It would be a strange anomaly to hold that a state, having chartered
42 a corporation to make use of certain franchises, could not, in the exercise of its sovereignty, inquire how these
43 franchises had been employed, and whether they had been abused, and demand the production of the corporate
44 books and papers for that purpose. The defense amounts to this: That an officer of a corporation which is charged
45 with a criminal violation of the statute, may plead the criminality of such corporation as a refusal to produce its
46 books. To state this proposition is to answer it. While an individual may lawfully refuse to answer incriminating
47 questions unless protected by an immunity statute, it does not follow that a corporation, vested with special
48 privileges and franchises, may refuse to show its hand when charged with an abuse of such privileges. “
49 [Hale v. Henkel, 201 U.S. 43 (1906)]
50 You MUST therefore be an agent of the government and therefore a PUBLIC officer in order to “make
51 constitutions or laws or administer, execute, or ENFORCE EITHER”. Here is more proof:
52 “A defendant sued as a wrong-doer, who seeks to substitute the state in his place, or to justify by the authority of
53 the state, or to defend on the ground that the state has adopted his act and exonerated him, cannot rest on the
54 bare assertion of his defense. He is bound to establish it. The state is a political corporate body, can act only
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1 through agents, and can command only by laws. It is necessary, therefore, for such a defendant, in order to
2 complete his defense, to produce a law of the state which constitutes his commission as its agent, and a warrant
3 for his act.”
4 [Poindexter v. Greenhow, 114 U.S. 270 (1885)]
5 By “act” above, they implicitly also include “enforce”. If you aren’t an agent of the state, they can’t enforce
6 against you. Examples of “agents” or “public officers” of the government include all the following:
11 “The government thus lays a tax, through the [GOVERNMENT] instrumentality [PUBLIC OFFICE] of the
12 company [a FEDERAL and not STATE corporation], upon the income of a non-resident alien over whom it
13 cannot justly exercise any control, nor upon whom it can justly lay any burden.”
14 [United States v. Erie R. Co., 106 U.S. 327 (1882)]
15 So how do you “OBEY” a law without “EXECUTING” it? We’ll give you a hint: It CAN’T BE DONE!
16 Likewise, if ONLY public officers can “administer, execute, or enforce” the law, then the following additional requirements
17 of the law are unavoidable and also implied:
18 1. Congress cannot impose DUTIES against private persons through the civil law. Otherwise the Thirteenth Amendment
19 would be violated and the party executing said duties would be criminally impersonating an agent or officer of the
20 government in violation of 18 U.S.C. §912.
21 2. Congress can only impose DUTIES upon public officers through the civil statutory law.
22 3. The civil statutory law is law for GOVERNMENT, and not PRIVATE persons. See:
Why Statutory Civil Law is Law for Government and Not Private Persons, Form #05.037
http://sedm.org/Forms/FormIndex.htm
23 4. Those who enforce any civil statutory duties against you are PRESUMING that you occupy a public office.
24 5. You cannot unilaterally “elect” yourself into a public office in the government by filling out a government form, even
25 if you consent to volunteer.
26 6. Even if you ARE a public officer, you can only execute the office in a place EXPRESSLY authorized by Congress per
27 4 U.S.C. §72, which means ONLY the District of Columbia and “not elsewhere”.
30 All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere,
31 except as otherwise expressly provided by law.
32 7. If you are “construing, administering, or executing” the laws, then you are doing so as a public officer and:
33 7.1. You are bound and constrained in all your actions by the constitution like every OTHER public officer while on
34 official business interacting with PRIVATE humans.
35 7.2. The Public Records exception to the Hearsay Exceptions Rule, Federal Rule of Evidence 803(8) applies.
36 EVERYTHING you produce in the process of “construing, administering, or executing” the laws is instantly
37 admissible and cannot be excluded from the record by any judge. If a judge interferes with the admission of such
38 evidence, he is:
39 7.2.1. Interfering with the duties of a coordinate branch of the government in violation of the Separation of
40 Powers.
41 7.2.2. Criminally obstructing justice.
42 If you would like to study the subject of private property and its protection further after reading the following
43 subsections, please refer to the following vast resources on the subject:
11 7.1 Introduction
12 In order to fully understand and comprehend the nature of franchises, it is essential to thoroughly understand the
13 distinctions between PUBLIC and PRIVATE property. The following subsections will deal with this important
14 subject extensively. In the following subsections, we will establish the following facts:
20 Property. That which is peculiar or proper to any person; that which belongs exclusively to one. In the strict
21 legal sense, an aggregate of rights which are guaranteed and protected by the government. Fulton Light, Heat
22 & Power Co. v. State, 65 Misc.Rep. 263, 121 N.Y.S. 536. The term is said to extend to every species of valuable
23 right and interest. More specifically, ownership; the unrestricted and exclusive right to a thing; the right to
24 dispose of a thing in every legal way, to possess it, to use it, and to exclude everyone else from interfering with it.
25 That dominion or indefinite right of use or disposition which one may lawfully exercise over particular things or
26 subjects. The exclusive right of possessing, enjoying, and disposing of a thing. The highest right a man can have
27 to anything; being used to refer to that right which one has to lands or tenements, goods or chattels, which no
28 way depends on another man's courtesy.
29 The word is also commonly used to denote everything which is the subject of ownership, corporeal or incorporeal,
30 tangible or intangible, visible or invisible, real or personal, everything that has an exchangeable value or which
31 goes to make up wealth or estate. It extends to every species of valuable right and interest, and includes real
32 and personal property, easements, franchises, and incorporeal hereditaments, and includes every invasion of
33 one's property rights by actionable wrong. Labberton v. General Cas. Co. of America, 53 Wash.2d. 180, 332
34 P.2d. 250, 252, 254.
35 [. . .]
37 3. Human beings can simultaneously be in possession of BOTH PUBLIC and PRIVATE rights. This gives rise to TWO
38 legal “persons”: PUBLIC and PRIVATE.
39 3.1. The CIVIL law attaches to the PUBLIC person.
40 3.2. The COMMON law and the Constitution attach to and protect the PRIVATE person.
41 This is consistent with the following maxim of law.
42 Quando duo juro concurrunt in und personâ, aequum est ac si essent in diversis.
43 When two rights [public right v. private right] concur in one person, it is the same as if they were two separate
44 persons. 4 Co. 118.
45 [Bouvier’s Maxims of Law, 1856;
46 SOURCE: http://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm]
47 4. That the purpose of the Constitution and the establishment of government itself is to protect EXCLUSIVELY
48 PRIVATE rights.
49 “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator
50 with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure
4 The VERY FIRST step in protecting PRIVATE rights and PRIVATE property is to prevent such property from being
5 converted to PUBLIC property or PUBLIC rights without the consent of the owner. In other words, the VERY FIRST
6 step in protecting PRIVATE rights is to protect you from the GOVERNMENT’S OWN theft. Obviously, if a
7 government becomes corrupted and refuses to protect PRIVATE rights or recognize them, there is absolutely no reason
8 you can or should want to hire them to protect you from ANYONE ELSE.
9 5. The main method for protecting PRIVATE rights is to impose the following burden of proof and presumption upon
10 any entity or person claiming to be “government”:
11 “All rights and property are PRESUMED to be EXCLUSIVELY PRIVATE and beyond the control of government
12 or the CIVIL law unless and until the government meets the burden of proving, WITH EVIDENCE, on the record
13 of the proceeding that:
14 1. A SPECIFIC formerly PRIVATE owner consented IN WRITING to convert said property to PUBLIC property.
15 2. The owner was either abroad, domiciled on, or at least PRESENT on federal territory NOT protected by the
16 Constitution and therefore had the legal capacity to ALIENATE a Constitutional right or relieve a public
17 servant of the fiduciary obligation to respect and protect the right. Those physically present but not necessarily
18 domiciled in a constitutional but not statutory state protected by the constitution cannot lawfully alienate rights
19 to a real, de jure government, even WITH their consent.
20 3. If the government refuses to meet the above burden of proof, it shall be CONCLUSIVELY PRESUMED to be
21 operating in a PRIVATE, corporate capacity on an EQUAL footing with every other private corporation and
22 which is therefore NOT protected by official, judicial, or sovereign immunity.
23 6. That the ability to regulate EXCLUSIVELY PRIVATE conduct is repugnant to the constitution and therefore such
24 conduct cannot lawfully become the subject of any civil statutory law.
25 "Under basic rules of construction, statutory laws enacted by legislative bodies cannot impair rights given under
26 a constitution. 194 B.R. at 925. "
27 [In re Young, 235 B.R. 666 (Bankr.M.D.Fla., 1999)]
28 7. That the terms “person”, “persons”, “individual”, “individuals” as used within the civil statutory law by default imply
29 PUBLIC “persons” and therefore public offices within the government and not PRIVATE human beings. All such
30 offices are creations and franchises of the government and therefore property of the government subject to its exclusive
31 control.
32 8. That if the government wants to call you a statutory “person” or “individual” under the civil law, then:
33 8.1. You must volunteer or consent at some point to occupy a public office in the government while situated
34 physically in a place not protected by the USA Constitution and the Bill of Rights....namely, federal territory. In
35 some cases, that public office is also called a “citizen” or “resident”.
36 8.2. If you don’t volunteer, they are essentially exercising unconstitutional “eminent domain” over your PRIVATE
37 property. Keep in mind that rights protected by the Constitution are PRIVATE PROPERTY.
38 9. That there are VERY SPECIFIC and well defined rules for converting PRIVATE property into PUBLIC PROPERTY
39 and OFFICES, and that all such rules require your express consent except when a crime is involved.
40 10. That if a corrupted judge or public servant imposes upon you any civil statutory status, including that of “person” or
41 “individual” without your consent, they are:
42 10.1. Violating due process of law.
43 10.2. Imposing involuntary servitude.
44 10.3. STEALING property from you. We call this “theft by presumption”.
45 10.4. Kidnapping your identity and moving it to federal territory.
46 10.5. Instituting eminent domain over EXCLUSIVELY PRIVATE property.
47 11. That within the common law, the main mechanism for PREVENTING the conversion of PRIVATE property to
48 PUBLIC property through government franchises are the following maxims of law. These maxims of law MANDATE
49 that all governments must protect your right NOT to participate in franchises or be held accountable for the
50 consequences of receiving a “benefit” you did not consent to receive and/or regarded as an INJURY rather than a
51 “benefit”:
6 For an example of how this phenomenon works in the case of the Internal Revenue Code, Subtitles A and C “trade
7 or business” franchise, see:
Why Your Government is Either a Thief or You are a “Public Officer” for Income Tax Purposes, Form #05.008
http://sedm.org/Forms/FormIndex.htm
8 As an example of why an understanding of this subject is EXTREMELY important, consider the following dialog
9 at an IRS audit in which the FIRST question out of the mouth of the agent is ALWAYS “What is YOUR Social
10 Security Number?”:
11 ______________________________________________________________________________________________
14 YOUR ANSWER:
15 20 C.F.R. §422.103(d) says the “Social Security Number Card” but NOT the STATUTORY SSN belongs to the
16 government. Since you didn’t ask me for the card but the number, then you aren’t asking me for government
17 property you can place conditions on the use of. The only way the SSN could therefore be MY number as you
18 call it is if I am the ABSOLUTE and PRIVATE owner of the number and the associated franchise it connects to
19 and am appearing here today as a Merchant offering billable services to you under MY franchise contract. Thank
20 you for inviting me here today to do business with you as a Merchant who makes all the rules and conditions
21 under which I render services to you as the absolute owner and seller of myself and all of my property.
22 On the other hand, if you are going to use the SSN to connect me to YOUR Social Security franchise contract in
23 Title 42 that only you own and control, then I don’t HAVE THAT account number and there is no such thing,
24 because:
25 My participation is clearly illegal, and an illegal act is not an official act you or I can lawfully participate in or use
26 for profit.
27 My God forbids me to act as a Buyer of anything you own or control, to surrender constitutional or natural rights
28 to you, or to allow you to make rules or laws that circumvent His holy laws. He is my ONLY CIVIL lawgiver
29 according to the Bible.
30 Which of the two types of Social Security Numbers are you therefore asking me for today: PUBLIC
31 STATUTORY number under your franchise contract or PRIVATE number under MY franchise contract? This
32 will determine who is in charge of making the rules for use of the Number under these circumstances.
34 The only thing we can talk about here today are STATUTORY Social Security Numbers. The civil statutes
35 enacted by Congress including the Social Security franchise in Title 42 are the source of our authority.
36 YOUR ANSWER:
37 Well then you are asking me to consent to participate in something that is clearly illegal and which I also have no
38 delegated authority to do from My God as His full-time trustee. In which case, I don’t HAVE a STATUTORY
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1 Social Security Number since participation is clearly ILLEGAL. Please destroy any records that I am eligible and
2 stop using it for PUBLIC purposes or civil enforcement purposes outside the government. This is clearly criminal
3 identity theft, which I have already notified you of on IRS Form 14039. [See our Form #14.020]. Further, I as a
4 “nonresident alien” not engaged in a “trade or business” who consents to NOTHING you offer me and elects
5 NOTHING am excluded by law from the requirement to furnish a Social Security Number per 26 C.F.R.
6 §301.6109-1(b). So why do you even need such a number under the circumstances?
8 That’s ridiculous. Everyone HAS a STATUTORY SSN. How else are we going to manage our relationship with
9 you without one?
10 YOUR ANSWER:
11 When are you going to get it through your thick skull that I don’t WANT ANY COMMERCIAL RELATIONSHIP
12 with you and simply want to be CIVILLY LEFT ALONE as justice itself requires? The fact that no one else
13 realizes that or takes that approach and blindly uses SSNs to become government cattle on the government
14 plantation doesn’t mean I have to. Unlike the rest of the stupid cattle you “service” who volunteer to be cattle,
15 I’m not your stupid whore who volunteers to work for free or donates my entire body to a public use without
16 compensation. I as the exclusive and absolute owner of myself under the Thirteenth Amendment decide what my
17 services to you or the use of my property are worth, not you, and they aren’t free. The charge for my services to
18 act as a federal “employee” or officer or trustee in possession of public property such as a STATUTORY SSN is
19 documented in the following agreement:
20 Will you agree in writing to the above agreement to act essentially as your federal coworker, because if you don’t,
21 then it’s not MY number?
23 Don’t play word games with me. It’s YOUR number and we have a RIGHT to use it.
24 YOUR ANSWER:
25 Well good. Then if it’s MY number and MY property, then I have EXCLUSIVE control and use over it and may
26 LICENSE its use to you. That is what the word “property” implies. That means I, and not you, am the only one
27 who may control or regulate its use under the following franchise:
28 If it’s MY property as you indicate, then your job as an alleged “government” is to protect me from abuses of MY
29 property. If you don’t want to do that job, you’re not really a government, but a de facto government. If you can
30 control and penalize me for misusing YOUR procedures and forms, which are YOUR property, then I am
31 EQUALLY entitled to penalize you for misusing MY property. I can’t be free unless I’m at least equal to you,
32 according to Supreme Court:
33 No duty rests more imperatively upon the courts than the enforcement of those constitutional provisions intended
34 to secure that equality of rights which is the foundation of free government."
35 [Gulf, C. & S. F. R. Co. v. Ellis, 165 U.S. 150 (1897)]
5 OK, well it’s OUR number. Sorry for deceiving you. Can you give us OUR number that WE assigned to you?
6 YOUR ANSWER:
7 I can find no statutory proof that the STATUTORY SSN ALONE absent the “Social Security Number CARD” is
8 your property. Please provide evidence of same. And if it IS in fact YOUR property or PUBLIC property, why
9 do you LIE to me by calling it MY property and MY number?
10 If the STATUTORY SSN is PUBLIC or GOVERNMENT property, then you can’t allow me to use it as a private
11 person, which is what I am appearing here today as. You can’t lawfully issue public property such as an SSN to
12 a private person or allow them to use it for a private purpose. That’s criminal embezzlement. Therefore, the only
13 way that PUBLIC property such as what you allege is a STATUTORY SSN could have been assigned to me is if
14 I’m acting as a “public officer” or federal employee at this moment, and I am NOT. I am here as a private person
15 and not a public employee who retains ONLY constitutional and not STATUTORY protections. Therefore, it
16 couldn’t have been lawfully issued to me.
17 Keep this up, and I’m going to file a criminal complaint with the U.S. Attorney for embezzlement in violation of
18 18 U.S.C. §641 and impersonating a public officer in violation of 18 U.S.C. §912 . I’m not here as a public officer
19 and you are asking me to act like one without compensation that only I can determine and without demonstrated
20 legal authority. Where is the compensation that I demand to act as a fiduciary and trustee over your STINKING
21 number, which you claim is public property without proof? I remind you that the very purpose why governments
22 are created is to PROTECT and maintain the separation between "public property" and "private property" in order
23 to preserve my inalienable constitutional rights that you took an oath to support and defend. Why do you continue
24 to insist on co-mingling and confusing them in order to STEAL my labor, property, and money without
25 compensation in violation of the Fifth Amendment takings clause?
27 We have received third party reports relating to tax withholding or reporting that connect you to a STATUTORY
28 SSN and indirectly, to a “trade or business” per 26 U.S.C. §6041(a). We therefore have reasonable cause to
29 inquire of you about these reports and any possible income tax liability attached to the transactions they document.
30 YOUR ANSWER:
31 Third party information returns are classified by the courts as “lay legal opinions”. That means none of the
32 LABELS on the form can have any actionable effect and are therefore not necessarily statutory terms. 26 U.S.C.
33 §6041(a) connects the FILER of the information return to a “trade or business” and a public office under 26 U.S.C.
34 §7701(a)(26), and NOT the TARGET of the report. These reports also do NOT authorize the FILER to convert
35 PRIVATE property to PUBLIC property and a PUBLIC office without the consent of the ABSOLUTE owner,
36 which is me. Further, even the FILER is not lawfully engaged in a “trade or business” and public office as
37 someone who was never lawfully appointed or elected to a public office and is not serving in the District of
38 Columbia as required by 4 U.S.C. §72. So these reports are hereby declared to be false and also possibly
39 FRAUDULENT under penalty of perjury. See:
9 I don’t need your stinking exemptions or deductions on the 1040NR form if all my earnings are lawfully excluded
10 under:
29 My earnings are excluded, by the way, because they are PRIVATE and the owner who is me never consented to
30 convert them to PUBLIC. Stop engaging in sophistry to rope me into your servitude and pay money I don’t owe.
31 This is despicable!
33 Even if your participation in Social Security is illegal, everyone still uses Social Security Numbers at least for
34 financial, banking, or lending purposes. If your participation is illegal, then how can you bank or get a loan?
35 YOUR ANSWER:
36 Your question presupposes that my activities in getting a loan or opening a financial account are PUBLIC activities
37 using PUBLIC property and that I am therefore subject to taxation and regulation in doing so. I and not you get
38 to decide when I am acting in a PRIVATE or PUBLIC capacity and to define the meaning of all terms that affect
39 the enjoyment of my ABSOLUTELY OWNED PRIVATE PROPERTY and LABOR. YOU have NO
40 AUTHORITY to write definitions affecting property that you have no ownership interest in, because doing so
41 would be an interference with the absolute control over said property and therefore for a THEFT of property. I
42 use ownership and control synonymously here. You even admit in IRM 4.10.7.2.8 that no one should trust any
43 of your forms, which means no one should trust the WORDS or LABELS on the forms either, including but not
44 limited to “Social Security Number”, “Taxpayer”, etc. If the forms and the labels on the forms are not
3 We have already established that the NUMBER is NOT public property under 20 C.F.R. §422.103(d), and that
4 only the CARD is PUBLIC property. You have also essentially admitted that the NUMBER is MY absolutely
5 owned property and therefore not YOURS or the GOVERNMENT’S or PUBLIC property by calling it “YOUR
6 Social Security Number”. And if it is “MY ABSOLUTELY OWNED PROPERTY” as you call it, then I have
7 the right as the only lawful owner to control ANY and ALL commercial uses of it by ANYONE and EVERYONE,
8 including banks or lenders and even YOU and every government. I exercise that control by specifying all the
9 definitions affecting its use and the CONTEXT of those definitions: PUBLIC or PRIVATE. If I don’t have a
10 right to control my identity, my reputation, and the commercial use of information about me that might damage
11 me through no act of my own, then you can turn the SSN into a vehicle for criminal identity theft. That appears
12 to be what you are doing here and now. I remind you that you appear to be using this proceeding to IN FACT
13 engage in criminal identity theft, and that you are trying to get my permission to allow you to abuse aspects of my
14 identity and reputation for an unauthorized commercial use and for ILLEGAL tax enforcement purposes. By
15 “illegal” I mean NON-CONSENSUAL purposes.
16 Calling myself a CIVIL STATUTORY “taxpayer”, “person”, “citizen”, or “resident” are methods of manifesting
17 consent to privileges and taxation, but I don’t claim the “benefit” of ANY connection to ANY CIVIL statutory
18 status within any government law or franchise, or a connection to any aspect of my identity to the CIVIL statutory
19 protection of any government. The authority to do this is my First Amendment right to NOT civilly or legally
20 associate and my right to NOT contract with you. Thus, I am exclusively PRIVATE in the context of this
21 interaction, and you must leave me alone in the interests of JUSTICE, which is legally defined as “the right to be
22 left alone”. Since it costs you NOTHING to simply LEAVE ME ALONE, then you can’t claim I owe you anything
23 for it or that it is a privilege that I have to pay for in the form of “taxes”. YES, a “taxpayer” is someone subject
24 to a tax, but the decision to BECOME a “taxpayer” is voluntary. This is proven by:
25 1. Why Domicile and Becoming a “Taxpayer” Require Your Consent, Form #05.002;
26 https://sedm.org/Forms/05-MemLaw/Domicile.pdf.
27 2. How State Nationals Volunteer to Pay Income Tax, Form #08.024
28 https://sedm.org/Forms/08-PolicyDocs/HowYouVolForIncomeTax.pdf
29 Either I own my life and am in charge of it and everything that affects it through my own actions, or I’m a slave
30 and a peon and you are a tyrant. It can’t be both. Welcome to The Matrix, Neo.
32 Do we have permission to use YOUR number as private property for a commercial use to tax you with your
33 permission?
34 YOUR ANSWER:
35 Absolutely not! My God forbids me to act as a Buyer or user of government property or services of any kind.
36 Violating that edict constitutes treason and comes the most heinous curse in the Holy Bible in Deuteronomy 28:43-
37 51. If you really are a legitimate government, you will do your ONLY real job of protecting private property,
38 leaving it and me alone. The government’s only job according to the Declaration of Independence is to protect
39 PRIVATE property. The first step in delivering that PRIVATE property protection is to keep the property from
40 being converted from PRIVATE to PUBLIC property or governmental control without the consent of the owner.
41 It is your MAIN JOB to keep PUBLIC and PRIVATE separate at all times. See: Separation Between Public and
42 Private Course, Form #12.025; https://sedm.org/LibertyU/SeparatingPublicPrivate.pdf . If you won’t do YOUR
43 ONLY job of maintaining that separation, then why the HELL would I want to hire you as a security guard to
44 protect my PRIVATE property from anyone ELSE’s theft? I remind you that income taxation is the
45 institutionalized process of converting PRIVATE to PUBLIC in order to fund the government. That conversion
Corporatization and Privatization of the Government 73 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 MUST be consensual or we are all SLAVES and PEONS in violation of the Thirteenth Amendment. It is an
2 oxymoron to implement tax SLAVERY to pay for FREEDOM from slavery. Are you crazy? What have you
3 been smoking?
4 I don’t want your CIVIL statutory protection and I have the right to reject its benefits in favor of the common law
5 or private contracts. At the same time, I’m NOT saying you don’t deserve to be paid for the protection you provide
6 in the form of the criminal law, the common law, or the military. It would be irresponsible of me to object to
7 NOT paying for that. A workman is always worthy of his hire, according to the Bible. HOWEVER, I must have
8 the discretion to decide WHAT I want to hire you to protect at least in a CIVIL statutory context. If I don’t have
9 that degree of discretion and autonomy, then I’m a slave and government chattel. The scenario where I do have
10 that protection I identify as “natural law”. For a definition of “natural law”, see:
12 Usually, after the above interchange, the IRS agent will realize he is digging a DEEP hole for himself and will
13 abruptly end that sort of inquiry, and many times will also end his collection efforts. When you get him to admit
14 on the record that he is comitting crimes, he no longer has a plausible deniability defense if he ends up in front of
15 a jury.
18 Property. That which is peculiar or proper to any person; that which belongs exclusively to one. In the strict
19 legal sense, an aggregate of rights which are guaranteed and protected by the government. Fulton Light, Heat
20 & Power Co. v. State, 65 Misc.Rep. 263, 121 N.Y.S. 536. The term is said to extend to every species of valuable
21 right and interest. More specifically, ownership; the unrestricted and exclusive right to a thing; the right to
22 dispose of a thing in every legal way, to possess it, to use it, and to exclude everyone else from interfering with it.
23 That dominion or indefinite right of use or disposition which one may lawfully exercise over particular things or
24 subjects. The exclusive right of possessing, enjoying, and disposing of a thing. The highest right a man can have
25 to anything; being used to refer to that right which one has to lands or tenements, goods or chattels, which no
26 way depends on another man's courtesy.
27 The word is also commonly used to denote everything which is the subject of ownership, corporeal or incorporeal,
28 tangible or intangible, visible or invisible, real or personal, everything that has an exchangeable value or which
29 goes to make up wealth or estate. It extends to every species of valuable right and interest, and includes real
30 and personal property, easements, franchises, and incorporeal hereditaments, and includes every invasion of
31 one's property rights by actionable wrong. Labberton v. General Cas. Co. of America, 53 Wash.2d. 180, 332
32 P.2d. 250, 252, 254.
33 Property embraces everything which is or may be the subject of ownership, whether a legal ownership. or whether
34 beneficial, or a private ownership. Davis v. Davis. TexCiv-App., 495 S.W.2d. 607. 611. Term includes not only
35 ownership and possession but also the right of use and enjoyment for lawful purposes. Hoffmann v. Kinealy, Mo.,
36 389 S.W.2d. 745, 752.
37 Property, within constitutional protection, denotes group of rights inhering in citizen's relation to physical thing,
38 as right to possess, use and dispose of it. Cereghino v. State By and Through State Highway Commission, 230
39 Or. 439, 370 P.2d. 694, 697.
40 Goodwill is property, Howell v. Bowden, TexCiv. App.. 368 S.W.2d. 842, &18; as is an insurance policy and
41 rights incident thereto, including a right to the proceeds, Harris v. Harris, 83 N.M. 441,493 P.2d. 407, 408.
42 Criminal code. "Property" means anything of value. including real estate, tangible and intangible personal
43 property, contract rights, choses-in-action and other interests in or claims to wealth, admission or transportation
44 tickets, captured or domestic animals, food and drink, electric or other power. Model Penal Code. Q 223.0. See
45 also Property of another, infra. Dusts. Under definition in Restatement, Second, Trusts, Q 2(c), it denotes interest
46 in things and not the things themselves.
47 [Black’s Law Dictionary, Fifth Edition, p. 1095]
2 1. The essence of the “property” right, also called “ownership”, is the RIGHT TO EXCLUDE others from using or
3 benefitting from the use of the property.
4 “We have repeatedly held that, as to property reserved by its owner for private use, "the right to exclude [others
5 is] `one of the most essential sticks in the bundle of rights that are commonly characterized as property.' "
6 Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 433 (1982), quoting Kaiser Aetna v. United
7 States, 444 U.S. 164, 176 (1979). “
8 [Nollan v. California Coastal Comm’n, 483 U.S. 825 (1987)]
9 ________________________________________________________________________________
10 “In this case, we hold that the "right to exclude," so universally held to be a fundamental element of the
11 property right,[11] falls within this category of interests that the Government cannot take without
12 compensation.”
13 [Kaiser Aetna v. United States, 444 U.S. 164 (1979)]
14 [11] See, e. g., United States v. Pueblo of San Ildefonso, 206 Ct.Cl. 649, 669-670, 513 F.2d. 1383, 1394 (1975);
15 United States v. Lutz, 295 F.2d. 736, 740 (CA5 1961). As stated by Mr. Justice Brandeis, "[a]n essential element
16 of individual property is the legal right to exclude others from enjoying it." International News Service v.
17 Associated Press, 248 U.S. 215, 250 (1918) (dissenting opinion).
18 2. It’s NOT your property if you can’t exclude the GOVERNMENT from using, benefitting from the use, or taxing the
19 specific property.
20 3. All constitutional rights and statutory privileges are property.
21 4. Anything that conveys a right or privilege is property.
22 5. Contracts convey rights or privileges and are therefore property.
23 6. All franchises are contracts between the grantor and the grantee and therefore property.
25 Next, we would like to compare the two types of property: Public v. Private. There are two types of ownership
26 of “property”: Absolute and Qualified. The following definition describes and compares these two types of
27 ownership:
28 Ownership. Collection of rights to use and enjoy property, including right to transmit it to others. Trustees of
29 Phillips Exeter Academy v. Exeter, 92 N.H. 473, 33 A.2d. 665, 673. The complete dominion, title, or proprietary
30 right in a thing or claim. The entirety of the powers of use and disposal allowed by law.
31 The right of one or more persons to possess and use a thing to the exclusion of others. The right by which a thing
32 belongs to someone in particular, to the exclusion of all other persons. The exclusive right of possession,
33 enjoyment, and disposal; involving as an essential attribute the right to control, handle, and dispose.
34 Ownership of property is either absolute or qualified. The ownership of property is absolute when a single
35 person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only
36 to general laws. The ownership is qualified when it is shared with one or more persons, when the time of
37 enjoyment is deferred or limited, or when the use is restricted. Calif. Civil Code, §§678-680.
38 There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all
39 domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the
40 goodwill of a business, trademarks and signs, and of rights created or granted by statute. Calif. Civil Code, §655.
41 In connection with burglary, "ownership" means any possession which is rightful as against the burglar.
42 See also Equitable ownership; Exclusive ownership; Hold; Incident of ownership; Interest; Interval ownership;
43 Ostensible ownership; Owner; Possession; Title.
44 [Black’s Law Dictionary, Sixth Edition, p. 1106]
45 Participation in franchises causes PRIVATE property to transmute into PUBLIC property. Below is a table
46 comparing these two great classes of property and the legal aspects of their status.
3 Private and Public property MUST, at all times, remain completely separate from each other. If in fact rights are
4 UNALIENABLE as declared in the Declaration of Independence, then you aren’t allowed legally to consent to
5 donate them to any government. Hence, they must remain private. You can’t delegate that authority to anyone
6 else either, because you can’t delegate what you don’t have:
7 “Derativa potestas non potest esse major primitiva.
8 The power which is derived cannot be greater than that from which it is derived.”
13 For a fascinating and powerful presentation showing why private and public are separate, how to keep them that
14 way, and how governments illegally try to convert PRIVATE to PUBLIC in order to STEAL from you, see:
18
See: About SSNs and TINs on Government Forms and Correspondence, Form #05.012.
3 The main purpose for which all governments are established is the protection of EXCLUSIVELY PRIVATE
4 rights and property. This purpose is the foundation of all the just authority of any government as held by the
5 Declaration of Independence:
6 “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator
7 with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure
8 these rights, Governments are instituted among Men, deriving their just powers from the consent of the
9 governed, -”
10 [Declaration of Independence, 1776]
11 The fiduciary duty that a public officer who works for the government has is founded upon the requirement to
12 protect PRIVATE property.
13 “As expressed otherwise, the powers delegated to a public officer are held in trust for the people and are to be
14 exercised in behalf of the government or of all citizens who may need the intervention of the officer. 19
15 Furthermore, the view has been expressed that all public officers, within whatever branch and whatever level
16 of government, and whatever be their private vocations, are trustees of the people, and accordingly labor under
17 every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain
18 from a discharge of their trusts. 20 That is, a public officer occupies a fiduciary relationship to the political
19 entity on whose behalf he or she serves. 21 and owes a fiduciary duty to the public. 22 It has been said that the
20 fiduciary responsibilities of a public officer cannot be less than those of a private individual. 23 Furthermore,
21 it has been stated that any enterprise undertaken by the public official which tends to weaken public confidence
22 and undermine the sense of security for individual rights is against public policy.24“
23 [63C American Jurisprudence 2d., Public Officers and Employees, §247 (1999)]
24 The VERY FIRST step that any lawful de jure government must take in protecting PRIVATE property and
25 PRIVATE rights is to protect it from being converted to PUBLIC/GOVERNMENT property. After all: If the
26 people you hire to protect you won’t even do the job of protecting you from THEM, why should you hire them to
27 protect you from ANYONE ELSE?
28 The U.S. Supreme Court has also affirmed that the protection of PRIVATE rights and PRIVATE property is “the
29 foundation of the government” when it held the following. The case below was a challenge to the constitutionality
30 of the first national income tax, and the U.S. government rightfully lost that challenge:
31 “Here I close my opinion. I could not say less in view of questions of such gravity that they go down to the very
32 foundations of the government. If the provisions of the Constitution can be set aside by an act of Congress, where
33 is the course of usurpation to end?
34 The present assault upon capital [THEFT! and WEALTH TRANSFER by unconstitutional CONVERSION of
35 PRIVATE property to PUBLIC property] is but the beginning. It will be but the stepping stone to others larger
36 and more sweeping, until our political contest will become war of the poor against the rich; a war of growing
37 intensity and bitterness.”
19
State ex rel. Nagle v. Sullivan, 98 Mont. 425, 40 P.2d. 995, 99 A.L.R. 321; Jersey City v. Hague, 18 N.J. 584, 115 A.2d. 8.
20
Georgia Dep’t of Human Resources v. Sistrunk, 249 Ga. 543, 291 S.E.2d. 524. A public official is held in public trust. Madlener v. Finley (1st Dist) 161
Ill.App.3d. 796, 113 Ill.Dec. 712, 515 N.E.2d. 697, app gr 117 Ill.Dec. 226, 520 N.E.2d. 387 and revd on other grounds 128 Ill.2d. 147, 131 Ill.Dec. 145,
538 N.E.2d. 520.
21
Chicago Park Dist. v. Kenroy, Inc., 78 Ill.2d. 555, 37 Ill.Dec. 291, 402 N.E.2d. 181, appeal after remand (1st Dist) 107 Ill.App.3d. 222, 63 Ill.Dec. 134,
437 N.E.2d. 783.
22
United States v. Holzer (CA7 Ill), 816 F.2d. 304 and vacated, remanded on other grounds 484 U.S. 807, 98 L.Ed. 2d 18, 108 S.Ct. 53, on remand (CA7
Ill) 840 F.2d. 1343, cert den 486 U.S. 1035, 100 L.Ed. 2d 608, 108 S.Ct. 2022 and (criticized on other grounds by United States v. Osser (CA3 Pa) 864
F.2d. 1056) and (superseded by statute on other grounds as stated in United States v. Little (CA5 Miss) 889 F.2d. 1367) and (among conflicting authorities
on other grounds noted in United States v. Boylan (CA1 Mass), 898 F.2d. 230, 29 Fed.Rules.Evid.Serv. 1223).
23
Chicago ex rel. Cohen v. Keane, 64 Ill.2d. 559, 2 Ill.Dec. 285, 357 N.E.2d. 452, later proceeding (1st Dist) 105 Ill.App.3d. 298, 61 Ill.Dec. 172, 434
N.E.2d. 325.
24
Indiana State Ethics Comm’n v. Nelson (Ind App), 656 N.E.2d. 1172, reh gr (Ind App) 659 N.E.2d. 260, reh den (Jan 24, 1996) and transfer den (May 28,
1996).
4 In the above landmark case, the lawyer for the petitioner, Mr. Choate, even referred to the income tax as
5 COMMUNISM, and he was obviously right! Why? Because communism like socialism operates upon the
6 following political premises:
22 “Public office. The right, authority, and duty created and conferred by law, by which for a given period, either
23 fixed by law or enduring at the pleasure of the creating power, an individual is invested with some portion of the
24 sovereign functions of government for the benefit of the public. Walker v. Rich, 79 Cal.App. 139, 249 P. 56, 58.
25 An agency for the state, the duties of which involve in their performance the exercise of some portion of the
26 sovereign power, either great or small. Yaselli v. Goff, C.C.A., 12 F.2d. 396, 403, 56 A.L.R. 1239; Lacey v. State,
27 13 Ala.App. 212, 68 So. 706, 710; Curtin v. State, 61 Cal.App. 377, 214 P. 1030, 1035; Shelmadine v. City of
28 Elkhart, 75 Ind.App. 493, 129 N.E. 878. State ex rel. Colorado River Commission v. Frohmiller, 46 Ariz. 413, 52
29 P.2d. 483, 486. Where, by virtue of law, a person is clothed, not as an incidental or transient authority, but for
30 such time as de- notes duration and continuance, with Independent power to control the property of the public,
31 or with public functions to be exercised in the supposed interest of the people, the service to be compensated by
32 a stated yearly salary, and the occupant having a designation or title, the position so created is a public office.
33 State v. Brennan, 49 Ohio.St. 33, 29 N.E. 593.
34 [Black’s Law Dictionary, Fourth Edition, p. 1235]
35 Look at some of the planks of the Communist Manifesto, Karl Marx and confirm the above for yourself:
36 1. Abolition of property in land and application of all rents of land to public purposes.
37 2. A heavy progressive or graduated income tax.
38 [ . . .]
39 [Wikipedia: “The Communist Manifesto”, 12-27-2011; SOURCE:
40 http://en.wikipedia.org/wiki/The_Communist_Manifesto]
41 The legal definition of “property” confirms that one who OWNS a thing has the EXCLUSIVE right to use and
42 dispose of and CONTROL the use of his or her or its property and ALL the fruits and “benefits” associated with
43 the use of such property . The implication is that you as the PRIVATE owner have a right to EXCLUDE ALL
44 OTHERS including all governments from using, benefitting from, or controlling your property. Governments,
45 after all, are simply legal “persons” and the constitution guarantees that ALL “persons” are equal. If your neighbor
46 can’t benefit from your property without your consent, then neither can any so-called “government”.
47 Property. That which is peculiar or proper to any person; that which belongs exclusively to one. In the strict
48 legal sense, an aggregate of rights which are guaranteed and protected by the government. Fulton Light, Heat
49 & Power Co. v. State, 65 Misc.Rep. 263, 121 N.Y.S. 536. The term is said to extend to every species of valuable
50 right and interest. More specifically, ownership; the unrestricted and exclusive right to a thing; the right to
51 dispose of a thing in every legal way, to possess it, to use it, and to exclude everyone else from interfering with
52 it. That dominion or indefinite right of use or disposition which one may lawfully exercise over particular
53 things or subjects. The exclusive right of possessing, enjoying, and disposing of a thing. The highest right a
54 man can have to anything; being used to refer to that right which one has to lands or tenements, goods or
55 chattels, which no way depends on another man's courtesy.
7 Property embraces everything which is or may be the subject of ownership, whether a legal ownership. or whether
8 beneficial, or a private ownership. Davis v. Davis. TexCiv-App., 495 S.W.2d. 607. 611. Term includes not only
9 ownership and possession but also the right of use and enjoyment for lawful purposes. Hoffmann v. Kinealy, Mo.,
10 389 S.W.2d. 745, 752.
11 Property, within constitutional protection, denotes group of rights inhering in citizen's relation to physical thing,
12 as right to possess, use and dispose of it. Cereghino v. State By and Through State Highway Commission, 230
13 Or. 439, 370 P.2d. 694, 697.
14 [. . .]
17 1. All “persons” are absolutely equal under the law. No government can have any more rights than a single human being,
18 no matter how many people make up that government. If your neighbor can’t take your property without your consent,
19 then neither can the government. The only exception to this requirement of equality is that artificial persons do not
20 have constitutional rights, but only such “privileges” as statutory law grants them. See:
Requirement for Equal Protection and Equal Treatment, Form #05.033
http://sedm.org/Forms/FormIndex.htm
21 2. All property is CONCLUSIVELY presumed to be EXCLUSIVELY PRIVATE until the GOVERNMENT meets the
22 burden of proof on the record of the legal proceeding that you EXPRESSLY consented IN WRITING to donate the
23 property or use of the property to the PUBLIC:
24 “Men are endowed by their Creator with certain unalienable rights,- 'life, liberty, and the pursuit of happiness;'
25 and to 'secure,' not grant or create, these rights, governments are instituted. That property [or income] which a
26 man has honestly acquired he retains full control of, subject to these limitations: First, that he shall not use it
27 and that does not mean that he must use it for his
to his neighbor's injury,
28 neighbor's benefit [e.g. SOCIAL SECURITY, Medicare, and every other
29 public “benefit”]; second, that if he devotes it to a public use, he gives to the public a right to control
30 that use; and third, that whenever the public needs require, the public may take it upon payment of due
31 compensation.”
32 [Budd v. People of State of New York, 143 U.S. 517 (1892)]
33 3. You have to knowingly and intentionally DONATE your PRIVATE property to a public use and a PUBLIC purpose
34 before the government can lawfully REGULATE its use. In other words, you have to at least SHARE your ownership
35 of otherwise private property with the government and become an EQUITABLE rather than ABSOLUTE owner of the
36 property before they can acquire the right to regulate its use or impose obligations or duties upon its original owner.
37 4. That donation ordinarily occurs by applying for and/or using a license in connection with the use of SPECIFIC
38 otherwise PRIVATE property.
39 5. The process of applying for or using a license and thereby converting PRIVATE into PUBLIC cannot be compelled. If
40 it is, the constitutional violation is called “eminent domain” without compensation or STEALING, in violation of the
41 Fifth Amendment takings clause.
42 6. You have a PUBLIC persona (office) and a PRIVATE persona (human) at all times.
43 6.1. That which you VOLUNTARILY attach a government license number to, such as a Social Security Number or
44 Taxpayer Identification Number, becomes PRIVATE property donated to a public use to procure the benefits of a
45 PUBLIC franchise. That property, in turn, is effectively OWNED by the government grantor of your public
46 persona and the public office it represents.
47 6.2. If you were compelled to use a government license number, such as an SSN or TIN, then a theft and taking
48 without compensation has occurred, because all property associated with such numbers was unlawfully converted
49 and STOLEN.
19 The above requirements of the USA Constitution are circumvented with nothing more than the simple
20 PRESUMPTION, usually on the part of the IRS and corrupted judges who want to STEAL from you, that the
21 GOVERNMENT owns it and that you have to prove that they CONSENTED to let you keep the fruits of it. They
22 can’t and never have proven that they have such a right, and all such presumptions are a violation of due process
23 of law.
24 (1) [8:4993] Conclusive presumptions affecting protected interests:
25 A conclusive presumption may be defeated where its application would impair a party's constitutionally-protected
26 liberty or property interests. In such cases, conclusive presumptions have been held to violate a party's due
27 process and equal protection rights. [Vlandis v. Kline (1973) 412 U.S. 441, 449, 93 S.Ct. 2230, 2235; Cleveland
28 Bed. of Ed. v. LaFleur (1974) 414 U.S. 632, 639-640, 94 S.Ct. 1208, 1215-presumption under Illinois law that
29 unmarried fathers are unfit violates process]
30 [Federal Civil Trials and Evidence, Rutter Group, paragraph 8:4993, p. 8K-34]
31 In order to unconstitutionally and TREASONOUSLY circumvent the above limitation on their right to presume,
32 corrupt governments and government actors will play “word games” with citizenship and key definitions in the
33 ENCRYPTED “code” in order to KIDNAP your legal identity and place it OUTSIDE the above protections of
34 the constitution by:
35 1. PRESUMING that you are a public officer and therefore, that everything held in your name is PUBLIC property of the
36 GOVERNMENT and not YOUR PRIVATE PROPERTY. See:
Why Your Government is Either a Thief or You are a “Public Officer” for Income Tax Purposes, Form #05.008
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
DIRECT LINK: http://sedm.org/Forms/05-MemLaw/WhyThiefOrPubOfficer.pdf
37 2. Abusing fraudulent information returns to criminally and unlawfully “elect” you into public offices in the government:
Correcting Erroneous Information Returns, Form #04.001
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
DIRECT LINK: http://sedm.org/Forms/04-Tax/CorrErrInfoRtns/CorrErrInfoRtns.pdf
38 3. PRESUMING that because you did not rebut evidence connecting you to a public office, then you CONSENT to
39 occupy the office.
40 4. PRESUMING that ALL of the four contexts for "United States" are equivalent.
41 5. PRESUME that CONSTITUTIONAL citizens and STATUTORY citizens are EQUIVALENT under federal law. They
42 are NOT. A CONSTITUTIONAL citizen is a "non-resident " under federal civil law and NOT a STATUTORY
43 "national and citizen of the United States** at birth" per 8 U.S.C. §1401. See the document below:
Why You are a "national", "state national", and Constitutional but not Statutory Citizen, Form #05.006
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
DIRECT LINK: http://sedm.org/Forms/05-MemLaw/WhyANational.pdf
18 This kind of arbitrary discretion is PROHIBITED by the Constitution, as held by the U.S. Supreme Court:
19 “When we consider the nature and the theory of our institutions of government, the principles upon which they
20 are supposed to rest, and review the history of their development, we are constrained to conclude that they do
21 not mean to leave room for the play and action of purely personal and arbitrary power.”
22 [Yick Wo v. Hopkins, 118 U.S. 356, 369 , 6 S. Sup.Ct. 1064, 1071]
23 Thomas Jefferson, our most revered founding father, precisely predicted the above abuses when he astutely said:
24 "It has long been my opinion, and I have never shrunk from its expression,... that the germ of dissolution of our
25 Federal Government is in the constitution of the Federal Judiciary--an irresponsible body (for impeachment is
26 scarcely a scare-crow), working like gravity by night and by day, gaining a little today and a little tomorrow,
27 and advancing its noiseless step like a thief over the field of jurisdiction until all shall be usurped from the
28 States and the government be consolidated into one. To this I am opposed."
29 [Thomas Jefferson to Charles Hammond, 1821. ME 15:331]
30 "Contrary to all correct example, [the Federal judiciary] are in the habit of going out of the question before them,
31 to throw an anchor ahead and grapple further hold for future advances of power. They are then in fact the corps
32 of sappers and miners, steadily working to undermine the independent rights of the States and to consolidate
33 all power in the hands of that government in which they have so important a freehold estate."
34 [Thomas Jefferson: Autobiography, 1821. ME 1:121]
35 "The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to
36 undermine the foundations of our confederated fabric. They are construing our Constitution from a co-ordination
37 of a general and special government to a general and supreme one alone. This will lay all things at their feet,
38 and they are too well versed in English law to forget the maxim, 'boni judicis est ampliare jurisdictionem.'"
39 [Thomas Jefferson to Thomas Ritchie, 1820. ME 15:297]
40 "When all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the
41 center of all power, it will render powerless the checks provided of one government on another and will become
42 as venal and oppressive as the government from which we separated."
2 "What an augmentation of the field for jobbing, speculating, plundering, office-building ["trade or business"
3 scam] and office-hunting would be produced by an assumption [PRESUMPTION] of all the State powers into the
4 hands of the General Government!"
5 [Thomas Jefferson to Gideon Granger, 1800. ME 10:168]
6 The key to preventing the unconstitutional abuse of presumption by the corrupted judiciary and IRS to STEAL
7 from people is to completely understand the content of the following memorandum of law and consistently apply
8 it in every interaction with the government:
Presumption: Chief Weapon for Unlawfully Enlarging Federal Jurisdiction, Form #05.017
http://sedm.org/Forms/FormIndex.htm
10 1. The rules for converting PRIVATE property to PUBLIC property ought to be consistently, completely, clearly, and
11 unambiguously defined by every government officer you come in contact with, and ESPECIALLY in court. These
12 rules ought to be DEMANDED to be declared EVEN BEFORE you enter a plea in a criminal case.
13 2. If the government asserts any right over your PRIVATE property, they are PRESUMING they are the LEGAL owner
14 and relegating you to EQUITABLE ownership. This presumption should be forcefully challenged.
15 3. If they won’t expressly define the rules, or try to cloud the rules for converting PRIVATE property to PUBLIC
16 property, then they are:
17 3.1. Defeating the very purpose for which they were established as a “government”. Hence, they are not a true
18 “government” but a de facto private corporation PRETENDING to be a “government”, which is a CRIME under
19 18 U.S.C. §912.
20 3.2. Exercising unconstitutional eminent domain over private property without the consent of the owner and without
21 compensation.
22 3.3. Trying to STEAL from you.
23 3.4. Violating their fiduciary duty to the public.
25 The purpose of the Constitution of the United States of America is to confer the “right to be left alone”, which is
26 the essence of being sovereign:
27 "The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They
28 recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a
29 part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect
30 Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the
31 Government, the right to be let alone - the most comprehensive of rights and the right most valued by civilized
32 men."
33 [Olmstead v. United States, 277 U.S. 438, 478 (1928) (Brandeis, J., dissenting) ; see also Washington v. Harper,
34 494 U.S. 210 (1990)]
35 The legal definition of “justice” confirms that its purpose is to protect your right to be “left alone”:
36 PAULSEN, ETHICS (Thilly's translation), chap. 9.
37 “Justice, as a moral habit, is that tendency of the will and mode of conduct which refrains from disturbing the
38 lives and interests of others, and, as far as possible, hinders such interference on the part of others. This virtue
39 springs from the individual's respect for his fellows as ends in themselves and as his co equals. The different
40 spheres of interests may be roughly classified as follows: body and life; the family, or the extended individual
41 life; property, or the totality of the instruments of action; honor, or the ideal existence; and finally freedom, or
42 the possibility of fashioning one's life as an end in itself. The law defends these different spheres, thus giving rise
43 to a corresponding number of spheres of rights, each being protected by a prohibition. . . . To violate the rights,
44 to interfere with the interests of others, is injustice. All injustice is ultimately directed against the life of the
45 neighbor; it is an open avowal that the latter is not an end in itself, having the same value as the individual's own
46 life. The general formula of the duty of justice may therefore be stated as follows: Do no wrong yourself, and
47 permit no wrong to be done, so far as lies in your power; or, expressed positively: Respect and protect the right.”
48 [Readings on the History and System of the Common Law, Second Edition, Roscoe Pound, 1925, p. 2]
4 And finally, Thomas Jefferson agreed with the above by defining “justice” as follows in his First Inaugural
5 Address:
6 "With all [our] blessings, what more is necessary to make us a happy and a prosperous people? Still one thing
7 more, fellow citizens--a wise and frugal Government, which shall restrain men from injuring one another, shall
8 leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from
9 the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close
10 the circle of our felicities."
11 [Thomas Jefferson: 1st Inaugural, 1801. ME 3:320]
12 Therefore, the word “injustice” means interference with the equal rights of others absent their consent and which
13 constitutes an injury NOT as any law defines it, but as the PERSON who is injured defines it. Under this
14 conception of “justice”, anything done with your consent cannot be classified as “injustice” or an injury.
15 Those who are “private persons” fit in the category of people who must be left alone as a matter of law:
16 "There is a clear distinction in this particular case between an individual and a corporation, and that the latter
17 has no right to refuse to submit its books and papers for an examination at the suit of the State. The individual
18 may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own
19 way. His power to contract is unlimited. He owes no such duty to the State, since he receives nothing therefrom,
20 beyond the protection of his life and property. His rights are such as existed by the law of the land long
21 antecedent to the organization of the State, and can only be taken from him by due process of law, and in
22 accordance with the constitution. Among his rights are a refusal to incriminate himself, and the immunity of
23 himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public
24 so long as he does not trespass upon their rights."
25 [Hale v. Henkel, 201 U.S. 43, 74 (1906)]
26 _________________________________________________________________________________________
29 2. Private employers, states, and political subdivisions are not required to enter into payroll deduction
30 agreements. Taxpayers should determine whether their employers will accept and process executed agreements
31 before agreements are submitted for approval or finalized.
32 [SOURCE: http://sedm.org/Exhibits/EX05.043.pdf]
33 The U.S. Supreme Court has also held that the ability to regulate what it calls “private conduct” is repugnant to
34 the constitution. It is the differentiation between PRIVATE rights and PUBLIC rights, in fact, that forms the basis
35 for enforcing your right to be left alone:
36 “The power to "legislate generally upon" life, liberty, and property, as opposed to the "power to provide modes
37 of redress" against offensive state action, was "repugnant" to the Constitution. Id., at 15. See also United States
38 v. Reese, 92 U.S. 214, 218 (1876); United States v. Harris, 106 U.S. 629, 639 (1883); James v. Bowman, 190 U.S.
39 127, 139 (1903). Although the specific holdings of these early cases might have been superseded or modified, see,
40 e.g., Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964); United States v. Guest, 383 U.S. 745
41 (1966), their treatment of Congress' §5 power as corrective or preventive, not definitional, has not been
42 questioned.”
43 [City of Boerne v. Florez, Archbishop of San Antonio, 521 U.S. 507 (1997)]
44 Only by taking on a “public character” or engaging in “public conduct” rather than a “private” character may our
45 actions become the proper or lawful subject of federal or state legislation or regulation.
46 “One great object of the Constitution is to permit citizens to structure their private relations as they choose
47 subject only to the constraints of statutory or decisional law. [500 U.S. 614, 620]
48 To implement these principles, courts must consider from time to time where the governmental sphere [e.g.
49 “public purpose” and “public office”] ends and the private sphere begins. Although the conduct of private
6 [. . .]
7 Given that the statutory authorization for the challenges exercised in this case is clear, the remainder of our state
8 action analysis centers around the second part of the Lugar test, whether a private litigant, in all fairness, must
9 be deemed a government actor in the use of peremptory challenges. Although we have recognized that this aspect
10 of the analysis is often a fact-bound inquiry, see Lugar, supra, 457 U.S. at 939, our cases disclose certain
11 principles of general application. Our precedents establish that, in determining whether a particular action or
12 course of conduct is governmental in character, it is relevant to examine the following: the extent to which the
13 actor relies on governmental assistance and benefits, see Tulsa Professional Collection Services, Inc. v. Pope,
14 485 U.S. 478 (1988); Burton v. Wilmington Parking Authority, 365 U.S. 715 (1961); whether the actor is
15 performing a traditional governmental function, see Terry v. Adams, 345 U.S. 461 (1953); Marsh v. Alabama,
16 326 U.S. 501 (1946); cf. San Francisco Arts & Athletics, Inc. v. United States Olympic [500 U.S. 614,
17 622] Committee, 483 U.S. 522, 544 -545 (1987); and whether the injury caused is aggravated in a unique way
18 by the incidents of governmental authority, see Shelley v. Kraemer, 334 U.S. 1 (1948). Based on our application
19 of these three principles to the circumstances here, we hold that the exercise of peremptory challenges by the
20 defendant in the District Court was pursuant to a course of state action.
21 [Edmonson v. Leesville Concrete Company, 500 U.S. 614 (1991)]
22 The phrase “subject only to the constraints of statutory or decisional law” refers ONLY to statutes or court
23 decisions that pertain to licensed or privileged activities or franchises, all of which:
24 1. Cause the licensee or franchisee to represent a “public office” and work for the government.
25 2. Cause the licensee or franchisee to act in a representative capacity as an officer of the government, which is a federal
26 corporation and therefore he or she becomes an “officer or employee of a corporation” acting in a representative capacity.
27 See 26 U.S.C. §6671(b) and 26 U.S.C. §7434, which both define a “person” within the I.R.C. criminal and penalty
28 provisions as an officer or employee of a corporation.
29 3. Change the effective domicile of the “office” or “public office” of the licensee or franchisee to federal territory pursuant
30 to Federal Rule of Civil Procedure 17(b), 26 U.S.C. §7701(a)(39), and 26 U.S.C. §7408(d).
34 (1) for an individual who is not acting in a representative capacity, by the law of the individual's domicile;
35 (2) for a corporation [or the officers or “public officers” of the corporation], by the law under which it was
36 organized; and
37 (3) for all other parties, by the law of the state where the court is located, except that:
38 (A) a partnership or other unincorporated association with no such capacity under that state's law may sue or
39 be sued in its common name to enforce a substantive right existing under the United States Constitution or
40 laws; and
41 (B) 28 U.S.C. §§754 and 959(a) govern the capacity of a receiver appointed by a United States court to sue or
42 be sued in a United States court.
43 4. Create a “res” or “office” which is the subject of federal legislation and a “person” or “individual” within federal statutes.
44 For instance, the definition of “individual” within 5 U.S.C. §552(a)(2) reveals that it is a government employee with a
45 domicile in the statutory “United States”, which is federal territory. Notice that the statute below is in Title 5, which is
46 “Government Organization and Employees”, and that “citizens and residents of the United States” share in common a
47 legal domicile on federal territory. An “individual” is an officer of the government, and not a natural man or woman.
48 The office is the “individual”, and not the man or woman who fills it:
52 (2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent
53 residence;
9 “There is no such thing as a power of inherent Sovereignty in the government of the United States. In this country
10 sovereignty resides in the People, and Congress can exercise no power which they have not, by their Constitution
11 entrusted to it: All else is withheld.”
12 [Juilliard v. Greenman, 110 U.S. 421 (1884)]
13 “Sovereignty itself is, of course, not subject to law for it is the author and source of law;”
14 [Yick Wo v. Hopkins, 118 U.S. 356 (1886)]
15 “Under our form of government, the legislature is NOT supreme. It is only one of the organs of that ABSOLUTE
16 SOVEREIGNTY which resides in the whole body of the PEOPLE; like other bodies of the government, it can only
17 exercise such powers as have been delegated to it, and when it steps beyond that boundary, its acts.. are utterly
18 VOID,”
19 [Billings v. Hall, 7 CA. 1]
20 “In Europe, the executive is synonymous with the sovereign power of a state…where it is too commonly acquired
21 by force or fraud, or both…In America, however the case is widely different. Our government is founded upon
22 compact. Sovereignty was, and is, in the people.”
23 [The Betsy, 3 Dall 6]
24 In summary, the only way the government can control you through civil law is to connect you to public conduct
25 or a “public office” within the government executed on federal territory. If they are asserting jurisdiction that you
26 believe they don’t have, it is probably because:
27 1. You misrepresented your domicile as being on federal territory within the “United States” or the “State of___” by
28 declaring yourself to be either a statutory “U.S. citizen” pursuant to 8 U.S.C. §1401 or a statutory “resident” (alien)
29 pursuant to 26 U.S.C. §7701(b)(1)(A). This made you subject to their laws and put you into a privileged state.
30 2. You filled out a government application for a franchise, which includes government benefits, professional licenses,
31 driver’s licenses, marriage licenses, etc.
32 3. Someone else filed a document with the government which connected you to a franchise, even though you never
33 consented to participate in the franchise. For instance, IRS information returns such as W-2, 1042S, 1098, and 1099
34 presumptively connect you to a “trade or business” in the U.S. government pursuant to 26 U.S.C. §6041. A “trade or
35 business” is then defined in 26 U.S.C. §7701(a)(26) as “the functions of a public office”. The only way to prevent this
36 evidence from creating a liability under the franchise agreement provisions is to rebut it promptly. See:
Correcting Erroneous Information Returns, Form #04.001
http://sedm.org/Forms/FormIndex.htm
37 7.6 The PUBLIC You (straw man) vs. the PRIVATE You (human)
38 It is extremely important to know the difference between PRIVATE and PUBLIC “persons”, because we all have private and
39 public identities. This division of our identities is recognized in the following maxim of law:
40 Quando duo juro concurrunt in und personâ, aequum est ac si essent in diversis.
41 When two rights [public right v. private right] concur in one person, it is the same as if they were two separate
42 persons. 4 Co. 118.
43 [Bouvier’s Maxims of Law, 1856;
44 SOURCE: http://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm]
45 The U.S. Supreme Court also recognizes the division of PUBLIC v. PRIVATE:
46 “A private person cannot make constitutions or laws, nor can he with authority construe them, nor can he
47 administer or execute them.”
2 “All the powers of the government [including ALL of its civil enforcement powers against the public] must be
3 carried into operation by individual agency, either through the medium of public officers, or contracts made
4 with [private] individuals.”
5 [Osborn v. Bank of U.S., 22 U.S. 738 (1824)]
6 _______________________________________
7 “…we are of the opinion that there is a clear distinction in this particular between an [PRIVATE] individual
8 and a [PUBLIC] corporation, and that the latter has no right to refuse to submit its books and papers for an
9 examination at the suit of the state. The individual may stand upon his constitutional rights as a citizen. He is
10 entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to
11 the state or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may
12 tend to criminate him. He owes no such duty to the state, since he receives nothing therefrom, beyond the
13 protection of his life and property. His rights are such as existed by the law of the land long antecedent to the
14 organization of the state, and can only be taken from him by due process of law, and in accordance with the
15 Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his
16 property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he
17 does not trespass upon their rights.
18 “Upon the other hand, the [PUBLIC] corporation is a creature of the state. It is presumed to be incorporated
19 for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the
20 laws of the state and the limitations of its charter. Its powers are limited by law. It can make no contract not
21 authorized by its charter. Its rights to [201 U.S. 43, 75] act as a corporation are only preserved to it so long
22 as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and
23 find out whether it has exceeded its powers. It would be a strange anomaly to hold that a state, having chartered
24 a corporation to make use of certain franchises, could not, in the exercise of its sovereignty, inquire how these
25 franchises had been employed, and whether they had been abused, and demand the production of the corporate
26 books and papers for that purpose. The defense amounts to this: That an officer of a corporation which is charged
27 with a criminal violation of the statute, may plead the criminality of such corporation as a refusal to produce its
28 books. To state this proposition is to answer it. While an individual may lawfully refuse to answer incriminating
29 questions unless protected by an immunity statute, it does not follow that a corporation, vested with special
30 privileges and franchises, may refuse to show its hand when charged with an abuse of such privileges. “
31 [Hale v. Henkel, 201 U.S. 43 (1906)]
32 The next time you are in court as a PRIVATE person, here are some questions for the next jury, judge, or government
33 prosecutor trying to enforce a civil obligation upon you as a PRESUMED public officer called a “citizen”, “resident”,
34 “person”, or “taxpayer”:
35 1. How do you, a PRIVATE human, “OBEY” a law without “EXECUTING” it? We’ll give you a hint: It CAN’T BE
36 DONE!
37 2. What “public office” or franchise does the government claim to have “created” and therefore have the right to control
38 in the context of my otherwise exclusively PRIVATE property and PRIVATE rights under the Constitution?
39 3. Who is the “customer” in the context of the IRS: The STATUTORY “taxpayer” public office or the PRIVATE human
40 filling the office?
41 4. Who gets to define what a “benefit” is in the context of “customers”? Isn’t it the human volunteering to be surety for
42 the “taxpayer” office and not the government grantor of the public office franchise?
43 5. What if I as the human compelled to become surety for the office define that compulsion as an INJURY rather than a
44 BENEFIT? Does that “end the privilege” and the jurisdiction to tax and regulate?
45 6. Isn’t a judge compelling you to violate your religious beliefs by compelling you to serve in a public office or accept the
46 DUTES of the office? Isn’t this a violation of the First Commandment NOT to serve “other gods”, which can and does
47 mean civil rulers or governments?
48 But the thing displeased Samuel when they said, “Give us a king to judge us.” So Samuel prayed to the Lord. And
49 the Lord said to Samuel, “Heed the voice of the people in all that they say to you; for they have rejected Me
50 [God], that I should not reign over them. According to all the works which they have done since the day that I
51 brought them up out of Egypt, even to this day—with which they have forsaken Me and served other gods [Kings,
52 in this case]—so they are doing to you also [government becoming idolatry]. Now therefore, heed their voice.
53 However, you shall solemnly forewarn them, and show them the behavior of the king who will reign over
54 them.”
55 [1 Sam. 8:6-9, Bible, NKJV]
56 7. How can one UNILATERALLY ELECT themselves into public office by filling out a government form? The form
57 isn’t even signed by anyone in the government, such as a tax form or social security application, and therefore couldn’t
Corporatization and Privatization of the Government 87 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 POSSIBLY be a valid contract anyway? Isn’t this a FRAUD upon the United States and criminal bribery, using illegal
2 “withholdings” to bribe someone to TREAT you as a public officer? See 18 U.S.C. §211.
3 8. How can a judge enforce civil statutory law that only applies to public officers without requiring proof on the record
4 that you are CONSENSUALLY and LAWFULLY engaged in a public office? In other words, that you waived
5 sovereign immunity by entering into a contract with the government.
6 "It is true, that the person who accepts an office may be supposed to enter into a compact to be answerable to
7 the government, which he serves, for any violation of his duty; and, having taken the oath of office, he would
8 unquestionably be liable, in such case, to a prosecution for perjury in the Federal Courts. But because one
9 man, by his own act [CONSENT], renders himself amenable to a particular jurisdiction, shall another man,
10 who has not incurred a similar obligation, be implicated? If, in other words, it is sufficient to vest a jurisdiction
11 in this court, that a Federal Officer is concerned; if it is a sufficient proof of a case arising under a law of the
12 United States to affect other persons, that such officer is bound, by law, to discharge his duty with fidelity; a
13 source of jurisdiction is opened, which must inevitably overflow and destroy all the barriers between the judicial
14 authorities of the State and the general government. Anything which can prevent a Federal Officer from the
15 punctual, as well as from an impartial, performance of his duty; an assault and battery; or the recovery of a debt,
16 as well as the offer of a bribe, may be made a foundation of the jurisdiction of this court; and, considering the
17 constant disposition of power to extend the sphere of its influence, fictions will be resorted to, when real cases
18 cease to occur. A mere fiction, that the defendant is in the custody of the marshall, has rendered the jurisdiction
19 of the King's Bench universal in all personal actions."
20 [United States v. Worrall, 2 U.S. 384 (1798)
21 SOURCE: http://scholar.google.com/scholar_case?case=3339893669697439168]
22 9. Isn’t this involuntary servitude in violation of the Thirteenth Amendment to serve in a public office if you DON’T
23 consent and they won’t let you TALK about the ABSENCE of your consent?
24 10. Isn’t it a violation of due process of law to PRESUME that you are public officer WITHOUT EVIDENCE on the
25 record from an unbiased witness who has no financial interest in the outcome?
26 “A presumption is an assumption of fact that the law requires to be made from another fact or group of facts
27 found or otherwise established in the action. A presumption is not evidence.”
28 [Black’s Law Dictionary, Sixth Edition, p. 1185]
29 ___________________________
30 “If any question of fact or liability be conclusively presumed [rather than proven] against him, this is not due
31 process of law. [. . .] the presumption of innocence under which guilt must be proven by legally obtained
32 evidence and the verdict must be supported by the evidence presented; rights at the earliest stage of the criminal
33 process; and the guarantee that an individual will not be tried more than once for the same offence (double
34 jeopardy).
35 [Black’s Law Dictionary, Sixth Edition, p. 500]
36 ___________________________
39 11. If the judge won’t enforce the requirement that the government as moving party has the burden of proving WITH
40 EVIDENCE that you were LAWFULLY “appointed or elected” to a public office, aren’t you therefore PRESUMED to
41 be EXCLUSIVELY PRIVATE and therefore beyond the reach of the civil statutory law?
42 12. Isn’t the judge criminally obstructing justice to interfere with requiring evidence on the record that you lawfully
43 occupy a public office? See 18 U.S.C. §1503, whereby the judge is criminally “influencing” the PUBLIC you.
44 13. Isn’t an unsupported presumption that prejudices a PRIVATE right a violation of the Constitution and doesn’t the
45 rights that UNCONSTIUTTIONAL presumption prejudicially conveys to the government constitute a taking of rights
46 without just compensation in violation of the Fifth Amendment Takings Clause?
47 14. Don’t the rights that UNCONSTITUTIONAL presumptions prejudicially convey to the government constitute a taking
48 of rights without just compensation in violation of the Fifth Amendment Takings Clause?
49 15. By what authority does the judge impose federal civil law within a constitutional state of the Union because:
50 15.1. Constitutional states are legislatively but not constitutionally foreign jurisdiction.
51 15.2. Federal Rule of Civil Procedure 17(b) requires that those with a domicile outside of federal territory cannot be
52 sued under federal law.
25
Levasseur v. Field (Me), 332 A.2d. 765; Hinds v. John Hancock Mut. Life Ins. Co., 155 Me 349, 155 A.2d. 721, 85 A.L.R.2d. 703 (superseded by statute
on other grounds as stated in Poitras v. R. E. Glidden Body Shop, Inc. (Me) 430 A.2d. 1113); Connizzo v. General American Life Ins. Co. (Mo App), 520
S.W.2d. 661.
14 We’d love to hear a jury, judge, or prosecutor address this subject before they hall him away in a straight jacket
15 to the nuthouse because of a completely irrational and maybe even criminal answer.
16 The next time you end up in front of a judge or government attorney enforcing a civil statute against you, you might want to
17 insist on proof in the record during the process of challenging jurisdiction as a defendant or respondent:
24 We can handle private and public affairs from the private, but we cannot handle private affairs from the public. The latter is
25 one of the biggest mistakes many people make when trying to handle their commercial and lawful (private) or legal (public)
26 affairs. Those who use PUBLIC property for PRIVATE gain in fact are STEALING and such stealing has always been a
27 crime.
28 In law, all rights attach to LAND, and all privileges attach to one’s STATUS under voluntary civil franchises. An example
29 of privileged statuses include “taxpayer” (under the tax code), “person”, “individual”, “driver” (under the vehicle code),
30 “spouse” (under the family code). Rights are PRIVATE, PRIVILEGES are PUBLIC.
31 In our society, the PRIVATE “straw man” was created by the application for the birth certificate. It is a legal person under
32 contract law and under the Uniform Commercial Code (U.C.C.), with capacity to sue or be sued under the common law. It
33 is PRIVATE PROPERTY of the human being described in the birth certificate.
34 The PUBLIC officer “straw man” (e.g. statutory "taxpayer") was created by the Application for the Social Security Card,
35 SSA Form SS-5. It is a privileged STATUS under an unconstitutional national franchise of the de facto government. It is
36 PROPERTY of the national government. The PUBLIC “straw man” is thoroughly described in:
37 The PRIVATE "John Doe" is a statutory "non-resident non-person" not engaged in the “trade or business”/PUBLIC
38 OFFICER franchise in relation to the PUBLIC. He exists in the republic and is a free inhabitant under the Articles of
39 Confederation. He has inalienable rights and unlimited liabilities. Those unlimited liabilities are described in
4 In the PRIVATE, money is an ASSET and always in the form of something that has intrinsic value, i.e. gold or silver. Payment
5 for anything is in the form of commercial set off.
6 In the PUBLIC, money is a LIABILITY or debt and normally takes the form of a promissory note, i.e. a Federal Reserve
7 Note (FRN), a check, bond or note. Payment is in the form of discharge in the future.
8 The PRIVATE realm is the basis for all contract and commerce under the Uniform Commercial Code (U.C.C.). The PUBLIC
9 realm was created by the bankruptcy of the PRIVATE entity. Generally, creditors can operate from the PRIVATE. PUBLIC
10 entities are all debtors (or slaves). The exercise of the right to contract by the PRIVATE straw man makes human beings into
11 SURETY for the PUBLIC straw man.
12 Your judicious exercise of your right to contract and the requirement for consent that protects it is the main thing that keeps
13 the PUBLIC separate from the PRIVATE. See:
14 Be careful how you use your right to contract! It is the most DANGEROUS right you have because it can destroy ALL
15 of your PRIVATE rights by converting them to PUBLIC rights and offices.
17 (1) That the United States, when it creates rights in individuals against itself [a "public right", which is a
18 euphemism for a "franchise" to help the court disguise the nature of the transaction], is under no obligation
19 to provide a remedy through the courts. United States ex rel. Dunlap v. Black, 128 U.S. 40, 9 Sup.Ct. 12, 32
20 L.Ed. 354; Ex parte Atocha, 17 Wall. 439, 21 L.Ed. 696; Gordon v. United States, 7 Wall. 188, 195, 19 L.Ed. 35;
21 De Groot v. United States, 5 Wall. 419, 431, 433, 18 L.Ed. 700; Comegys v. Vasse, 1 Pet. 193, 212, 7 L.Ed. 108.
22 (2) That where a statute creates a right and provides a special remedy, that remedy is exclusive. Wilder
23 Manufacturing Co. v. Corn Products Co., 236 U.S. 165, 174, 175, 35 Sup.Ct. 398, 59 L.Ed. 520, Ann.Cas. 1916A,
24 118; Arnson v. Murphy, 109 U.S. 238, 3 Sup.Ct. 184, 27 L.Ed. 920; Barnet v. National Bank, 98 U.S. 555, 558,
25 25 L.Ed. 212; Farmers’ & Mechanics’ National Bank v. Dearing, 91 U.S. 29, 35, 23 L.Ed. 196. Still the fact that
26 the right and the remedy are thus intertwined might not, if the provision stood alone, require us to hold that the
27 remedy expressly given excludes a right of review by the Court of Claims, where the decision of the special
28 tribunal involved no disputed question of fact and the denial of compensation was rested wholly upon the
29 construction of the act. See Medbury v. United States, 173 U.S. 492, 198, 19 Sup.Ct. 503, 43 L.Ed. 779; Parish v.
30 MacVeagh, 214 U.S. 124, 29 Sup.Ct. 556, 53 L.Ed. 936; McLean v. United States, 226 U.S. 374, 33 Sup.Ct. 122,
31 57 L.Ed. 260; United States v. Laughlin (No. 200), 249 U.S. 440, 39 Sup.Ct. 340, 63 L.Ed. 696, decided April 14,
32 1919."
33 [U.S. v. Babcock, 250 U.S. 328, 39 S.Ct. 464 (1919)]
34 All PUBLIC franchises are contracts or agreements and therefore participating in them is an act of contracting.
35 “It is generally conceded that a franchise is the subject of a contract between the grantor and the grantee, and
36 that it does in fact constitute a contract when the requisite element of a consideration is present.26 Conversely, a
37 franchise granted without consideration is not a contract binding upon the state, franchisee, or pseudo-
38 franchisee.27 “
26
Larson v. South Dakota, 278 U.S. 429, 73 L.Ed. 441, 49 S.Ct. 196; Grand Trunk Western R. Co. v. South Bend, 227 U.S. 544, 57 L.Ed. 633, 33 S.Ct. 303;
Blair v. Chicago, 201 U.S. 400, 50 L.Ed. 801, 26 S.Ct. 427; Arkansas-Missouri Power Co. v. Brown, 176 Ark. 774, 4 S.W.2d. 15, 58 A.L.R. 534; Chicago
General R. Co. v. Chicago, 176 Ill. 253, 52 N.E. 880; Louisville v. Louisville Home Tel. Co., 149 Ky. 234, 148 S.W. 13; State ex rel. Kansas City v. East
Fifth Street R. Co., 140 Mo. 539, 41 S.W. 955; Baker v. Montana Petroleum Co., 99 Mont. 465, 44 P.2d. 735; Re Board of Fire Comrs. 27 N.J. 192, 142
A.2d. 85; Chrysler Light & P. Co. v. Belfield, 58 N.D. 33, 224 N.W. 871, 63 A.L.R. 1337; Franklin County v. Public Utilities Com., 107 Ohio.St. 442, 140
N.E. 87, 30 A.L.R. 429; State ex rel. Daniel v. Broad River Power Co., 157 S.C. 1, 153 S.E. 537; Rutland Electric Light Co. v. Marble City Electric Light
Co., 65 Vt. 377, 26 A. 635; Virginia-Western Power Co. v. Commonwealth, 125 Va. 469, 99 S.E. 723, 9 A.L.R. 1148, cert den 251 U.S. 557, 64 L.Ed. 413,
40 S.Ct. 179, disapproved on other grounds Victoria v. Victoria Ice, Light & Power Co. 134 Va. 134, 114 S.E. 92, 28 A.L.R. 562, and disapproved on other
grounds Richmond v. Virginia Ry. & Power Co. 141 Va. 69, 126 S.E. 353.
27
Pennsylvania R. Co. v. Bowers, 124 Pa. 183, 16 A. 836.
2 Franchises include Social Security, income taxation (“trade or business”/public office franchise), unemployment insurance,
3 driver licensing (“driver” franchise), and marriage licensing (“spouse” franchise).
4 “You shall make no covenant [contract or franchise] with them [foreigners, pagans], nor with their [pagan
5 government] gods [laws or judges]. They shall not dwell in your land [and you shall not dwell in theirs by
6 becoming a “resident” or domiciliary in the process of contracting with them], lest they make you sin against Me
7 [God]. For if you serve their [government] gods [under contract or agreement or franchise], it will surely be a
8 snare to you.”
9 [Exodus 23:32-33, Bible, NKJV]
33 Therefore, it is important to learn how to be EXCLUSIVELY PRIVATE and a CREDITOR in all of our affairs. Freedom is
34 possible in the PRIVATE; it is not even a valid fantasy in the realm of the PUBLIC.
35
3 7.7 All PUBLIC/GOVERNMENT law attaches to government territory, all PRIVATE law
4 attaches to your right to contract
6 1. All EXCLUSIVELY PUBLIC LAW attaches to the government’s own territory. By “PUBLIC”, we mean law that
7 runs the government and ONLY the government.
8 2. All EXCLUSIVELY PRIVATE law attaches to one of the following:
9 2.1. The exercise of your right to contract with others.
10 2.2. The property you own and lend out to others based on specific conditions.
11 Item 2.2 needs further attention. Here is how that mechanism works:
12 “How, then, are purely equitable obligations created? For the most part, either by the acts of third persons or by
13 equity alone. But how can one person impose an obligation upon another? By giving property to the latter on
14 the terms of his assuming an obligation in respect to it. At law there are only two means by which the object of
15 the donor could be at all accomplished, consistently with the entire ownership of the property passing to the
16 donee, namely: first, by imposing a real obligation upon the property; secondly, by subjecting the title of the
17 donee to a condition subsequent. The first of these the law does not permit; the second is entirely inadequate.
18 Equity, however, can secure most of the objects of the doner, and yet avoid the mischiefs of real obligations by
19 imposing upon the donee (and upon all persons to whom the property shall afterwards come without value or
20 with notice) a personal obligation with respect to the property; and accordingly this is what equity does. It is in
21 this way that all trusts are created, and all equitable charges made (i.e., equitable hypothecations or liens created)
22 by testators in their wills. In this way, also, most trusts are created by acts inter vivos, except in those cases in
23 which the trustee incurs a legal as well as an equitable obligation. In short, as property is the subject of every
24 equitable obligation, so the owner of property is the only person whose act or acts can be the means of creating
25 an obligation in respect to that property. Moreover, the owner of property can create an obligation in respect
26 to it in only two ways: first, by incurring the obligation himself, in which case he commonly also incurs a legal
27 obligation; secondly, by imposing the obligation upon some third person; and this he does in the way just
28 explained.”
29 [Readings on the History and System of the Common Law, Second Edition, Roscoe Pound, 1925, p. 543]
11 We will now break the above definition into its three contexts and show what each means.
12 Table 3: Meanings assigned to "United States" by the U.S. Supreme Court in Hooven & Allison v. Evatt
# U.S. Supreme Court Context in which Referred to in this Interpretation
Definition of “United usually used article as
States” in Hooven
1 “It may be merely the International law “United States*” “'These united States,” when traveling abroad, you come under the
name of a sovereign jurisdiction of the President through his agents in the U.S. State
occupying the position Department, where “U.S.” refers to the sovereign society. You are a
analogous to that of “Citizen of the United States” like someone is a Citizen of France, or
other sovereigns in the England. We identify this version of “United States” with a single
family of nations.” asterisk after its name: “United States*” throughout this article.
2 “It may designate the Federal law “United States**” “The United States (the District of Columbia, possessions and
territory over which the Federal forms territories)”. Here Congress has exclusive legislative jurisdiction. In
sovereignty of the this sense, the term “United States” is a singular noun. You are a
United States extends, person residing in the District of Columbia, one of its Territories or
or” Federal areas (enclaves). Hence, even a person living in the one of the
sovereign States could still be a member of the Federal area and
therefore a “citizen of the United States.” This is the definition used
in most “Acts of Congress” and federal statutes. We identify this
version of “United States” with two asterisks after its name: “United
States**” throughout this article. This definition is also synonymous
with the “United States” corporation found in 28 U.S.C.
§3002(15)(A).
3 “...as the collective Constitution of the “United States***” “The several States which is the united States of America.” Referring
name for the states United States to the 50 sovereign States, which are united under the Constitution of
which are united by and the United States of America. The federal areas within these states are
under the Constitution.” not included in this definition because the Congress does not have
exclusive legislative authority over any of the 50 sovereign States
within the Union of States. Rights are retained by the States in the 9th
and 10th Amendments, and you are a “Citizen of these united States.”
This is the definition used in the Constitution for the United States of
America. We identify this version of “United States” with a three
asterisks after its name: “United States***” throughout this article.
13 The way our present system functions, all PUBLIC rights are attached to federal territory. They cannot lawfully
14 attach to EXCLUSIVELY PRIVATE property because the right to regulate EXCLUSLIVELY PRIVATE rights
15 is repugnant to the constitution, as held by the U.S. Supreme Court.
16 Lastly, when the government enters the realm of commerce and private business activity, it operates in equity and
17 is treated as EQUAL in every respect to everyone else. ONLY in this capacity can it enact law that does NOT
18 attach to its own territory and to those DOMICILED on its territory:
19 See also Clearfield Trust Co. v. United States, 318 U.S. 363, 369 (1943) ("`The United States does business on
20 business terms'") (quoting United States v. National Exchange Bank of Baltimore, 270 U.S. 527, 534 (1926));
21 Perry v. United States, supra at 352 (1935) ("When the United States, with constitutional authority, makes
22 contracts, it has rights and incurs responsibilities similar to those of individuals who are parties to such
23 instruments. There is no difference . . . except that the United States cannot be sued without its consent")
24 (citation omitted); United States v. Bostwick, 94 U.S. 53, 66 (1877) ("The United States, when they contract with
25 their citizens, are controlled by the same laws that govern the citizen in that behalf"); Cooke v. United States,
26 91 U.S. 389, 398 (1875) (explaining that when the United States "comes down from its position of sovereignty,
27 and enters the domain of commerce, it submits itself to the same laws that govern individuals there").
10 If a government wants to reach outside its territory and create PRIVATE law for those who have not consented to
11 its jurisdiction by choosing a domicile on its territory, the ONLY method it has for doing this is to exercise its
12 right to contract.
13 Debt and contract [franchise agreement, in this case] are of no particular place.
18 The most important method by which governments exercise their PRIVATE right to contract and disassociate
19 with the territorial limitation upon their lawmaking powers is through the use or abuse of franchises, which are
20 contracts.
21 As a rule, franchises spring from contracts between the sovereign power and private citizens, made upon
22 valuable considerations, for purposes of individual advantage as well as public benefit, 28 and thus a franchise
23 partakes of a double nature and character. So far as it affects or concerns the public, it is publici juris and is
24 subject to governmental control. The legislature may prescribe the manner of granting it, to whom it may be
25 granted, the conditions and terms upon which it may be held, and the duty of the grantee to the public in
26 exercising it, and may also provide for its forfeiture upon the failure of the grantee to perform that duty. But
27 when granted, it becomes the property of the grantee, and is a private right, subject only to the governmental
28 control growing out of its other nature as publici juris. 29
29 [American Jurisprudence 2d., Franchises, §4: Generally (1999)]
30 7.8 The Ability to Regulate Private Rights and Private Conduct is Repugnant to the
31 Constitution
32 The following cite establishes that private rights and private property are entirely beyond the control of the
33 government:
34 When one becomes a member of society, he necessarily parts with some rights or privileges which, as an
35 individual not affected by his relations to others, he might retain. "A body politic," as aptly defined in the
36 preamble of the Constitution of Massachusetts, "is a social compact by which the whole people covenants with
37 each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common
38 good." This does not confer power upon the whole people to control rights which are purely and exclusively
39 private, Thorpe v. R. & B. Railroad Co., 27 Vt. 143; but it does authorize the establishment of laws requiring
40 each citizen to so conduct himself, and so use his own property, as not unnecessarily to injure another. This is
41 the very essence of government, and 125*125 has found expression in the maxim sic utere tuo ut alienum non
42 lædas. From this source come the police powers, which, as was said by Mr. Chief Justice Taney in the License
43 Cases, 5 How. 583, "are nothing more or less than the powers of government inherent in every sovereignty, . .
44 . that is to say, . . . the power to govern men and things." Under these powers the government regulates the
45 conduct of its citizens one towards another, and the manner in which each shall use his own property, when such
46 regulation becomes necessary for the public good. In their exercise it has been customary in England from time
47 immemorial, and in this country from its first colonization, to regulate ferries, common carriers, hackmen, bakers,
48 millers, wharfingers, innkeepers, &c., and in so doing to fix a maximum of charge to be made for services
49 rendered, accommodations furnished, and articles sold. To this day, statutes are to be found in many of the States
50 upon some or all these subjects; and we think it has never yet been successfully contended that such legislation
51 came within any of the constitutional prohibitions against interference with private property. With the Fifth
28
Georgia R. & Power Co. v. Atlanta, 154 Ga. 731, 115 S.E. 263; Lippencott v. Allander, 27 Iowa 460; State ex rel. Hutton v. Baton Rouge, 217 La. 857,
47 So.2d. 665; Tower v. Tower & S. Street R. Co. 68 Minn 500, 71 N.W. 691.
29
Georgia R. & Power Co. v. Atlanta, 154 Ga. 731, 115 S.E. 263; Lippencott v. Allander, 27 Iowa 460; State ex rel. Hutton v. Baton Rouge, 217 La. 857,
47 So.2d. 665; Tower v. Tower & S. Street R. Co. 68 Minn 500, 71 N.W. 691.
8 Notice that they say that the ONLY basis to regulate private rights is to prevent injury of one man to another by
9 the use of said property. They say that this authority is the origin of the "police powers" of the state. What they
10 hide, however, is that these same POLICE POWERS involve the CRIMINAL laws and EXCLUDE the CIVIL
11 laws or even franchises. You can TELL they are trying to hide something because around this subject they invoke
12 the Latin language that is unknown to most Americans to conceal the nature of what they are doing. Whenever
13 anyone invokes Latin in a legal setting, a red flag ought to go up because you KNOW they are trying to hide a
14 KEY fact. Here is the Latin they invoked:
15 “sic utere tuo ut alienum non lædas”
16 The other phrase to notice in the Munn case above is the use of the word "social compact". A compact is legally
17 defined as a contract.
18 “Compact, n. An agreement or contract between persons, nations, or states. Commonly applied to working
19 agreements between and among states concerning matters of mutual concern. A contract between parties, which
20 creates obligations and rights capable of being enforced and contemplated as such between the parties, in their
21 distinct and independent characters. A mutual consent of parties concerned respecting some property or right
22 that is the object of the stipulation, or something that is to be done or forborne. See also Compact clause;
23 Confederacy; Interstate compact; Treaty.”
24 [Black’s Law Dictionary, Sixth Edition, p. 281]
25 Therefore, one cannot exercise their First Amendment right to legally associate with or contract with a SOCIETY
26 and thereby become a party to the "social compact/contract" without ALSO becoming a STATUTORY "citizen".
27 By statutory citizen, we really mean a domiciliary of a SPECIFIC municipal jurisdiction, and not someone who
28 was born or naturalized in that place. Hence, by STATUTORY citizen we mean a person who:
29 1. Has voluntarily chosen a civil domicile within a specific municipal jurisdiction and thereby become a “citizen” or
30 “resident” of said jurisdiction. “citizens” or “residents” collectively are called “inhabitants”.
31 2. Has indicated their choice of domicile on government forms in the block called “residence” or “permanent address”.
32 3. CONSENTS to be protected by the regional civil laws of a SPECIFIC municipal government.
33 A CONSTITUTIONAL citizen, on the other hand, is someone who cannot consent to choose the place of their
34 birth. These people in federal statutes are called “non-residents”. Neither BEING BORN nor being
35 PHYSICALLY PRESENT in a place is an express exercise of one’s discretion or an act of CONSENT, and
36 therefore cannot make one a government contractor called a statutory “U.S. citizen”. That is why birth or
37 naturalization determines nationality but not their status under the CIVIL laws. All civil jurisdiction is based on
38 “consent of the governed”, as the Declaration of Independence indicates. Those who do NOT consent to the civil
39 laws that implement the social compact of the municipal government they are PHYSICALLY situated within are
40 called “free inhabitants”, “nonresidents”, “transient foreigners”, or “foreign sovereigns”. These “free inhabitants”
41 are mentioned in the Articles of Confederation, which continue to this day and they are NOT the same and
42 mutually exclusive to a statutory “U.S. citizen”. These “free inhabitants” instead are CIVILLY governed by the
43 common law RATHER than the civil law.
44 Policemen are NOT allowed to involve themselves in CIVIL disputes and may ONLY intervene or arrest anyone
45 when a CRIME has been committed. They CANNOT arrest for an "infraction", which is a word designed to hide
46 the fact that the statute being enforced is a CIVIL or FRANCHISE statute not involving the CRIMINAL "police
47 powers". Hence, civil jurisdiction over PRIVATE rights is NOT authorized among those who HAVE such rights.
48 Only those who know those rights and claim and enforce them, not through attorneys but in their proper person,
5 The only people who can consent to give away a right are those who HAVE no rights because domiciled on federal
6 territory not protected by the Constitution or the Bill of Rights:
7 “Indeed, the practical interpretation put by Congress upon the Constitution has been long continued and uniform
8 to the effect [182 U.S. 244, 279] that the Constitution is applicable to territories acquired by purchase or
9 conquest, only when and so far as Congress shall so direct. Notwithstanding its duty to 'guarantee to every
10 state in this Union a republican form of government' (art. 4, 4), by which we understand, according to the
11 definition of Webster, 'a government in which the supreme power resides in the whole body of the people, and
12 is exercised by representatives elected by them,' Congress did not hesitate, in the original organization of the
13 territories of Louisiana, Florida, the Northwest Territory, and its subdivisions of Ohio, Indiana, Michigan,
14 Illinois, and Wisconsin and still more recently in the case of Alaska, to establish a form of government bearing
15 a much greater analogy to a British Crown colony than a republican state of America, and to vest the legislative
16 power either in a governor and council, or a governor and judges, to be appointed by the President. It was not
17 until they had attained a certain population that power was given them to organize a legislature by vote of the
18 people. In all these cases, as well as in territories subsequently organized west of the Mississippi, Congress
19 thought it necessary either to extend to Constitution and laws of the United States over them, or to declare that
20 the inhabitants should be entitled to enjoy the right of trial by jury, of bail, and of the privilege of the writ of
21 habeas corpus, as well as other privileges of the bill of rights.”
22 [Downes v. Bidwell, 182 U.S. 244 (1901)]
23 To apply these concepts, the police enforce the "vehicle code", but most of the vehicle code is a civil franchise
24 that they may NOT enforce without ABUSING the police powers of the state. In recognition of these concepts,
25 the civil provisions of the vehicle code are called "infractions" rather than "crimes". AND, before the civil
26 provisions of the vehicle code may lawfully be enforced against those using the public roadways, one must be a
27 "resident" with a domicile not within the state, but on federal territory where rights don't exist. All civil law
28 attaches to SPECIFIC territory. That is why by applying for a driver's license, most state vehicle codes require
29 that the person must be a "resident" of the state, meaning a person with a domicile within the statutory but not
30 Constitutional "United States", meaning federal territory.
31 So what the vehicle codes in most states do is mix CRIMINAL and CIVIL and even PRIVATE franchise law all
32 into one title of code, call it the "Vehicle code", and make it extremely difficult for even the most law abiding
33 "citizen" to distinguish which provisions are CIVIL/FRANCHISES and which are CRIMINAL, because they want
34 to put the police force to an UNLAWFUL use enforcing CIVIL rather than CRIMINAL law. This has the practical
35 effect of making the "CODE" not only a deception, but void for vagueness on its face, because it fails to give
36 reasonable notice to the public at large, WHICH specific provisions pertain to EACH subset of the population.
37 That in fact, is why they have to call it “the code”, rather than simply “law”: Because the truth is encrypted and
38 hidden in order to unlawfully expand their otherwise extremely limited civil jurisdiction. The two subsets of the
39 population who they want to confuse and mix together in order to undermine your sovereignty are:
40 1. Those who consent to the “social compact” by choosing a domicile or residence within a specific municipal
41 jurisdiction. These people are identified by the following statutory terms:
42 1.1. Individuals.
43 1.2. Residents.
44 1.3. Citizens.
45 1.4. Inhabitants.
46 1.5. PUBLIC officers serving as an instrumentality of the government.
47 2. Those who do NOT consent to the “social compact” and who therefore are called:
48 2.1. Free inhabitants.
49 2.2. Nonresidents.
50 2.3. Transient foreigners.
51 2.4. Sojourners.
52 2.5. EXCLUSIVELY PRIVATE human beings beyond the reach of the civil statutes implementing the social
53 compact.
Corporatization and Privatization of the Government 96 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 So how can they reach those in constitutional states with the vehicle code who are neither domiciled on federal
2 territory nor representing a public office that is domiciled there? The way they get around the problem of only
3 being able to enforce the CIVIL provisions of the vehicle code against domiciliaries of the federal zone is to:
4 1. Force those who apply for driver licenses to misrepresent their status so they appear as either statutory citizens or
5 public officers on official business. This is done using the “permanent address” block and requiring a Social Security
6 Number to get a license.
7 2. Confuse CONSTITUTIONAL “citizens” with STATUTORY “citizens”, to make them appear the same even though
8 they are NOT.
9 3. Arrest people domiciled in constitutional states for driving WITHOUT a license, even though technically these
10 provisions can only be enforceable against those who are acting as a public officer WHILE driving AND who are
11 STATUTORY but not CONSTITUTIONAL “citizens”. This creates the false appearance that EVERYONE must have
12 a license, rather than only those domiciled on federal territory or representing an office domiciled there.
13 The act of "governing" WITHOUT consent therefore implies CRIMINAL governing, not CIVIL governing. To
14 procure CIVIL jurisdiction over a private right requires the CONSENT of the owner of the right. That is why the
15 U.S. Supreme Court states in Munn the following:
16 "When one becomes a member of society, he necessarily parts with some rights or privileges which, as an
17 individual not affected by his relations to others, he might retain."
18 [Munn v. Illinois, 94 U.S. 113 (1876),
19 SOURCE: http://scholar.google.com/scholar_case?case=6419197193322400931]
20 Therefore, if one DOES NOT consent to join a “society” as a statutory citizen, he RETAINS those SOVEREIGN
21 rights that would otherwise be lost through the enforcement of the civil law. Here is how the U.S. Supreme Court
22 describes this requirement of law:
23 “Men are endowed by their Creator with certain unalienable rights,- 'life, liberty, and the pursuit of happiness;'
24 and to 'secure,' not grant or create, these rights, governments are instituted. That property [or income] which a
25 man has honestly acquired he retains full control of, subject to these limitations:
26 [1] First, that he shall not use it to his neighbor's injury, and that
does not mean that he must
27 use it for his neighbor's benefit [e.g. SOCIAL SECURITY, Medicare, and
28 every other public “benefit”];
29 [2] second, that if he devotes it to a public use, he gives to the public a right to control that use; and
30 [3] third, that whenever the public needs require, the public may take it upon payment of due compensation.”
31 [Budd v. People of State of New York, 143 U.S. 517 (1892)]
32 A PRIVATE right that is unalienable cannot be given away by a citizen, even WITH consent, to a de jure
33 government. Hence, the only people that any government may CIVILLY govern are those without unalienable
34 rights, all of whom MUST therefore be domiciled on federal territory where CONSTITUTIONAL rights do not
35 exist.
36 Notice that when they are talking about "regulating" conduct using CIVIL law, all of a sudden they mention
37 "citizens" instead of ALL PEOPLE. These "citizens" are those with a DOMICILE within federal territory not
38 protected by the Constitution:
39 "Under these powers the government regulates the conduct of its citizens one towards another, and the manner
40 in which each shall use his own property, when such regulation becomes necessary for the public good."
41 [Munn v. Illinois, 94 U.S. 113 (1876),
42 SOURCE: http://scholar.google.com/scholar_case?case=6419197193322400931]
43 All "citizens" that they can regulate therefore must be WITHIN the government and be acting as public officers.
44 Otherwise, they would continue to be PRIVATE parties beyond the CIVIL control of any government. Hence, in
45 a Republican Form of Government where the People are sovereign:
5 "A corporation [the U.S. government, and all those who represent it as public officers, is a federal corporation
6 per 28 U.S.C. §3002(15)(A) ] is a citizen, resident, or inhabitant of the state or country by or under the laws of
7 which it was created, and of that state or country only."
8 [19 Corpus Juris Secundum (C.J.S.), Corporations, §886 (2003)]
9 _______________________________
10 “Citizens of the United States within the meaning of this Amendment must be natural and not artificial
11 persons; a corporate body is not a citizen of the United States.”14
12 __
13 14 Insurance Co. v. New Orleans, 13 Fed.Cas. 67 (C.C.D.La. 1870). Not being citizens of the United States,
14 corporations accordingly have been declared unable "to claim the protection of that clause of the Fourteenth
15 Amendment which secures the privileges and immunities of citizens of the United States against abridgment or
16 impairment by the law of a State." Orient Ins. Co. v. Daggs, 172 U.S. 557, 561 (1869) . This conclusion was in
17 harmony with the earlier holding in Paul v. Virginia, 75 U.S. (8 Wall.) 168 (1869), to the effect that corporations
18 were not within the scope of the privileges and immunities clause of state citizenship set out in Article IV, Sec. 2.
19 See also Selover, Bates & Co. v. Walsh, 226 U.S. 112, 126 (1912) ; Berea College v. Kentucky, 211 U.S. 45 (1908)
20 ; Liberty Warehouse Co. v. Tobacco Growers, 276 U.S. 71, 89 (1928) ; Grosjean v. American Press Co., 297 U.S.
21 233, 244 (1936).
22 [SOURCE: Annotated Fourteenth Amendment, Congressional Research Service:
23 http://www.law.corne...tml#amdt14a_hd1]
26 These observations are consistent with the very word roots that form the word "republic". The following video
27 says the word origin comes from "res publica", which means a collection of PUBLIC rights shared by the public.
28 You must therefore JOIN "the public" and become a public officer before you can partake of said PUBLIC right.
29 This gives a WHOLE NEW MEANING to Abraham Lincoln's Gettysburg Address, in which he refers to
30 American government as:
31 "A government of the people, by the people, and for the people."
32 You gotta volunteer as an uncompensated public officer for the government to CIVILLY govern you. Hence, the
33 only thing they can CIVILLY GOVERN, is the GOVERNMENT! Pretty sneaky, huh? Here is a whole
34 memorandum of law on this subject proving such a conclusion:
Why Statutory Civil Law is Law for Government and Not Private Persons, Form #05.037
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
DIRECT LINK: http://sedm.org/Form...StatLawGovt.pdf
35 The other important point we wish to emphasize is that those who are EXCLUSIVELY private and therefore
36 beyond the reach of the civil law are:
37 1. Free inhabitants.
38 2. Not a statutory “person” under the civil law or franchise statute in question.
39 3. Not “individuals” under the CIVIL law if they are human beings. All statutory “individuals”, in fact, are identified as
40 “employees” under 5 U.S.C. §2105(a). This is the ONLY statute that describes HOW one becomes a statutory
41 “individual” that we have been able to find.
42 4. “foreign”, a “transient foreigner”, and sovereign in respect to government CIVIL but not CRIMINAL jurisdiction.
Corporatization and Privatization of the Government 98 of 319
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Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 5. NOT “subject to” but also not necessarily statutorily “exempt” under the civil or franchise statute in question.
2 For a VERY interesting background on the subject of this section, we recommend reading the following case:
4 Within our republican government, the founding fathers recognized three classes of law:
9 The above three types of law were identified in the following document upon which the founding fathers wrote
10 the constitution and based the design of our republican form of government:
11 The Spirit of Laws book is where the founding fathers got the idea of separation of powers and three branches of
12 government: Executive, Legislative, and Judicial. Montesquieu defines “political law” and “political liberty” as
13 follows:
14 1. A general Idea.
15 I make a distinction between the laws that establish political liberty, as it relates to the constitution, and those
16 by which it is established, as it relates to the citizen. The former shall be the subject of this book; the latter I shall
17 examine in the next.
18 [The Spirit of Laws, Charles de Montesquieu, 1758, Book XI, Section 1;
19 SOURCE: http://famguardian.org/Publications/SpiritOfLaws/sol_11.htm#001]
20 The Constitution in turn is a POLITICAL document which represents law EXCLUSIVELY for public officers
21 within the government. It does not obligate or abrogate any PRIVATE right. It defines what the courts call
22 “public rights”, meaning rights possessed and owned exclusively by the government ONLY.
23 “And the Constitution itself is in every real sense a law-the lawmakers being the people themselves, in whom
24 under our system all political power and sovereignty primarily resides, and through whom such power and
25 sovereignty primarily speaks. It is by that law, and not otherwise, that the legislative, executive, and judicial
26 agencies which it created exercise such political authority as they have been permitted to possess. The
27 Constitution speaks for itself in terms so plain that to misunderstand their import is not rationally possible.
28 'We the People of the United States,' it says, 'do ordain and establish this Constitution.' Ordain and establish!
29 These are definite words of enactment, and without more would stamp what follows with the dignity and character
30 of law. The framers of the Constitution, however, were not content to let the matter rest here, but provided
31 explicitly-'This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; ...
32 shall be the supreme Law of the Land.' (Const. art. 6, cl. 2.) The supremacy of the Constitution as law is thus
33 declared without qualification. That supremacy is absolute; the supremacy of a statute enacted by Congress is
34 not absolute but conditioned upon its being made in pursuance of the Constitution. And a judicial tribunal,
35 clothed by that instrument with complete judicial power, and, therefore, by the very nature of the power, required
36 to ascertain and apply the law to the facts in every case or proceeding properly brought for adjudication, must
37 apply the supreme law and reject the inferior stat- [298 U.S. 238, 297] ute whenever the two conflict. In the
38 discharge of that duty, the opinion of the lawmakers that a statute passed by them is valid must be given great
39 weight, Adkins v. Children's Hospital, 261 U.S. 525, 544 , 43 S.Ct. 394, 24 A.L.R. 1238; but their opinion, or the
40 court's opinion, that the statute will prove greatly or generally beneficial is wholly irrelevant to the inquiry.
41 Schechter Poultry Corp. v. United States, 295 U.S. 495, 549 , 550 S., 55 S.Ct. 837, 97 A.L.R. 947. “
42 [Carter v. Carter Coal Co., 298 U.S. 238 (1936)]
6 The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the
7 Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed
8 as to Prejudice any Claims of the United States, or of any particular State.
9 Tax franchise codes such as the Internal Revenue Code, for instance, are what Montesquieu calls “political law”
10 exclusively for the government or public officer and not the private (CONSTITUTIONAL) citizen. Why?
11 Because:
12 1. The U.S. Supreme Court identified taxes as a “political matter”. “Political law”, “political questions”, and
13 “political matters” cannot be heard by true constitutional courts and may ONLY be heard in legislative
14 franchise courts officiated by the Executive and not Judicial branch:
15 "Thus, the Court has frequently held that domicile or residence, more substantial than mere presence in transit
16 or sojourn, is an adequate basis for taxation, including income, property, and death taxes. Since the Fourteenth
17 Amendment makes one a citizen of the state wherein he resides, the fact of residence creates universally
18 reciprocal duties of protection by the state and of allegiance and support by the citizen. The latter obviously
19 includes a duty to pay taxes, and their nature and measure is largely a political matter. Of course, the situs of
20 property may tax it regardless of the citizenship, domicile, or residence of the owner, the most obvious illustration
21 being a tax on realty laid by the state in which the realty is located."
33 "The term 'trade or business' includes the performance of the functions of a public office."
34 In Book XXVI, Section 15 of the Spirit of Laws, Montesquieu says that POLITICAL laws should not be allowed
35 to regulate CIVIL conduct, meaning that POLITICAL laws limited exclusively to the government should not be
36 enforced upon the PRIVATE citizen or made to “appear” as though they are “civil law” that applies to everyone:
37 The Spirit of Laws, Book XXVI, Section 15
38 15. That we should not regulate by the Principles of political Law those Things which depend on the Principles
39 of civil Law.
40 As men have given up their natural independence to live under political laws, they have given up the natural
41 community of goods to live under civil laws.
42 By the first, they acquired [PUBLIC] liberty; by the second, [PRIVATE] property. We should not decide by the
43 laws of [PUBLIC] liberty, which, as we have already said, is only the government of the community, what
44 ought to be decided by the laws concerning [PRIVATE] property. It is a paralogism to say that the good of the
45 individual should give way to that of the public; this can never take place, except when the government of the
46 community, or, in other words, the liberty of the subject is concerned; this does not affect such cases as relate
Corporatization and Privatization of the Government 100 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 to private property, because the public good consists in every one's having his property, which was given him
2 by the civil laws, invariably preserved.
3 Cicero maintains that the Agrarian laws were unjust; because the community was established with no other view
4 than that every one might be able to preserve his property.
5 Let us, therefore, lay down a certain maxim, that whenever the public good happens to be the matter in question,
6 it is not for the advantage of the public to deprive an individual of his property, or even to retrench the least
7 part of it by a law, or a political regulation. In this case we should follow the rigour of the civil law, which is
8 the Palladium of [PRIVATE] property.
9 Thus when the public has occasion for the estate of an individual, it ought never to act by the rigour of political
10 law; it is here that the civil law ought to triumph, which, with the eyes of a mother, regards every individual as
11 the whole community.
12 If the political magistrate would erect a public edifice, or make a new road, he must indemnify those who are
13 injured by it; the public is in this respect like an individual who treats with an individual. It is fully enough that
14 it can oblige a citizen to sell his inheritance, and that it can strip him of this great privilege which he holds from
15 the civil law, the not being forced to alienate his possessions.
16 After the nations which subverted the Roman empire had abused their very conquests, the spirit of liberty called
17 them back to that of equity. They exercised the most barbarous laws with moderation: and if any one should doubt
18 the truth of this, he need only read Beaumanoir's admirable work on jurisprudence, written in the twelfth century.
19 They mended the highways in his time as we do at present. He says, that when a highway could not be repaired,
20 they made a new one as near the old as possible; but indemnified the proprietors at the expense of those who
21 reaped any advantage from the road.43 They determined at that time by the civil law; in our days, we determine
22 by the law of politics.
23 [The Spirit of Laws, Charles de Montesquieu, 1758, Book XXVI, Section 15;
24 SOURCE: http://famguardian.org/Publications/SpiritOfLaws/sol_11.htm#001]
25 What Montesquieu is implying is what we have been saying all along, and he said it in 1758, which was even
26 before the Declaration of Independence was written:
29 “Thus when the public has occasion for the estate of an individual, it ought never to act by the rigour of
30 political law; it is here that the civil law ought to triumph, which, with the eyes of a mother, regards every
31 individual as the whole community.”
32 3. PUBLIC or government rights are protected by the PUBLIC or POLITICAL or GOVERNMENT law and NOT the
33 CIVIL law.
34 4. The first and most important role of government is to prevent the POLITICAL or GOVERNMENT law from being
35 used or especially ABUSED as an excuse to confiscate or jeopardize PRIVATE property.
36 Unfortunately, it is precisely the above type of corruption that Montesquieu describes that is the foundation of the
37 present de facto government, tax system, and money system. ALL of them treat every human being as a PUBLIC
38 officer against their consent, and impose what he calls the “rigors of the political law” upon them, in what amounts
39 to a THEFT and CONFISCATION of otherwise PRIVATE property by enforcing PUBLIC law against PRIVATE
40 people.
41 The implications of Montesquieu’s position are that the only areas where POLITICAL law and CIVIL law should
42 therefore overlap is in the exercise of the political rights to vote and serve on jury duty. Why? Because jurists
43 are regarded as public officers in 18 U.S.C. §201(a)(1):
5 However, it has also repeatedly been held by the courts that poll taxes are unconstitutional. Hence, voters
6 technically are NOT to be regarded as public officers or franchisees for any purpose OTHER than their role as a
7 voter. Recall that all statutory “Taxpayers” are public officers in the government.
8 In the days since Montesquieu, the purpose and definition of what he has called the CIVIL law has since been
9 purposefully and maliciously corrupted so that it no longer protects exclusively PRIVATE rights or implements
10 the COMMON law, but rather protects mainly PUBLIC rights and POLITICAL officers in the government. In
11 other words, society has become corrupted by the following means that he warned would happen:
12 1. What Montesquieu calls CIVIL law has become the POLITICAL law.
13 2. There is not CIVIL (common) law anymore as he defines it, because the courts interfere with the enforcement of the
14 common law and the protection of PRIVATE rights.
15 3. The purpose of government has transformed from protecting mainly PRIVATE rights using the common law to that of
16 protecting PUBLIC rights using the STATUTE law, which in turn has become exclusively POLITICAL law.
17 4. All those who insist on remaining exclusively private cannot utilize any government service, because the present
18 government forms refuse to recognize such a status or provide services to those with such status.
19 5. Everyone who wants to call themselves a “citizen” is no longer PRIVATE, but PUBLIC. “citizen” has become a
20 public officer in the government rather than a private human being.
21 6. All “citizens” are STATUTORY rather than CONSTITUTIONAL in nature.
22 6.1. There are no longer any CONSTITUTIONAL citizens because the courts refuse to recognize or protect them.
23 6.2. People are forced to accept the duties of a statutory “citizen” and public officer to get any remedy at all in court or
24 in any government agency.
25 The above transformations are documented in the following memorandum of law on our site:
26 7.10 Lawful methods for converting PRIVATE property into PUBLIC property
27 Next, we must carefully consider all the rules by which EXCLUSIVELY PRIVATE property is lawfully converted
28 into PUBLIC property subject to government control or civil regulation. These rules are important, because the
29 status of a particular type of property as either PRIVATE or PUBLIC determines whether either COMMON LAW
30 or STATUTORY LAW apply respectively.
31 In general, only by either accepting physical property from the government or voluntarily applying for and
32 claiming a status or right under a government franchise can one procure a PUBLIC status and be subject to
33 STATUTORY civil law. If one wishes to be governed ONLY by the common law, then they must make their
34 status very clear in every interaction with the government and on EVERY government form they fill out so as to
35 avoid connecting them to any statutory franchise. Below is an example from a U.S. Department of Justice guide
36 for prosecuting “sovereign citizens” that proves WHY this is the case:
37 “What evidence refutes a good faith defense will depend on the facts and circumstances of each case. It is often
38 helpful to focus on evidence that shows the defendant knew the law but disregarded it or was simply defying it.
39 For instance, evidence that the defendant received proper advice from a CPA or tax preparer, or that the
40 defendant failed to consult legitimate sources about his or her understanding of the tax laws can be helpful. To
41 refute claims that wages are not income, that the defendant did not understand the meaning of “wages,” or
42 that the defendant is a state citizen but not a citizen of the United States, look for loan applications during the
43 prosecution period. Tax defiers and sovereign citizens never seem to have a problem understanding the
44 definition of income on a loan application. They also do not hesitate to check the “yes” box to the question
45 “are you a U.S. citizen.” Any evidence that the defendant accepted Government benefits, such as
6 The bottom line is that if you accept a government benefit, they PRESUME the right to rape and pillage absolutely
7 ANYTHING you own. Our Path to Freedom, Form #09.015 process, by the way, makes the use of the above
8 OFFENSE by the government in prosecuting you IMPOSSIBLE. The exhaustive list of attachment forms we
9 provide which define the terms on all government forms they could use as evidence to prove the above also defeat
10 the above tactic by U.S. Attorneys. Also keep in mind that the above tactic is useful against the GOVERNMENT
11 as an offensive weapon. If your property is private, you can grant it to THEM with FRANCHISE conditions
12 found in Form #06.027. If they argue that you can’t do it to them, indirectly they are destroying the main source
13 of THEIR jurisdiction as well. Let them shoot themselves in the foot in front of the jury!
14 Below is a detailed list of the rules for converting PRIVATE property to PUBLIC property:
15 1. The purpose for establishing governments is mainly to protect private property. The Declaration of Independence affirms
16 this:
17 “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator
18 with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure
19 these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,
20 -”
21 [Declaration of Independence, 1776]
22 2. Government protects private rights by keeping “public [government] property” and “private property” separate and never
23 allowing them to be joined together. This is the heart of the separation of powers doctrine: separation of what is private
24 from what is public with the goal of protecting mainly what is private. See:
Government Conspiracy to Destroy the Separation of Powers, Form #05.023
http://sedm.org/Forms/FormIndex.htm
25 3. All property BEGINS as private property. The only way to lawfully change it to public property is through the exercise
26 of your unalienable constitutional right to contract. All franchises qualify as a type of contract, and therefore, franchises
27 are one of many methods to lawfully convert PRIVATE property to PUBLIC property. The exercise of the right to
28 contract, in turn, is an act of consent that eliminates any possibility of a legal remedy of the donor against the donee:
40 Property. That which is peculiar or proper to any person; that which belongs exclusively to one. In the strict legal
41 sense, an aggregate of rights which are guaranteed and protected by the government. Fulton Light, Heat &
42 Power Co. v. State, 65 Misc.Rep. 263, 121 N.Y.S. 536. The term is said to extend to every species of valuable
43 right and interest. More specifically, ownership; the unrestricted and exclusive right to a thing; the right to
44 dispose of a thing in every legal way, to possess it, to use it, and to exclude everyone else from interfering with it.
45 That dominion or indefinite right of use or disposition which one may lawfully exercise over particular things or
46 subjects. The exclusive right of possessing, enjoying, and disposing of a thing. The highest right a man can have
47 to anything; being used to refer to that right which one has to lands or tenements, goods or chattels, which no
48 way depends on another man's courtesy.
7 Property embraces everything which is or may be the subject of ownership, whether a legal ownership. or whether
8 beneficial, or a private ownership. Davis v. Davis. TexCiv-App., 495 S.W.2d. 607. 611. Term includes not only
9 ownership and possession but also the right of use and enjoyment for lawful purposes. Hoffmann v. Kinealy, Mo.,
10 389 S.W.2d. 745, 752.
11 Property, within constitutional protection, denotes group of rights inhering in citizen's relation to physical
12 thing, as right to possess, use and dispose of it. Cereghino v. State By and Through State Highway Commission,
13 230 Or. 439, 370 P.2d. 694, 697.
14 [Black’s Law Dictionary, Fifth Edition, p. 1095]
15 By protecting your constitutional rights, the government is protecting your PRIVATE property. Your rights are private
16 property because they came from God, not from the government. Only what the government creates can become public
17 property. An example is corporations, which are a public franchise that makes officers of the corporation into public
18 officers.
19 5. The process of taxation is the process of converting “private property” into a “public use” and a “public purpose”. Below
20 are definitions of these terms for your enlightenment.
21 Public use. Eminent domain. The constitutional and statutory basis for taking property by eminent domain. For
22 condemnation purposes, “public use” is one which confers some benefit or advantage to the public; it is not
23 confined to actual use by public. It is measured in terms of right of public to use proposed facilities for which
24 condemnation is sought and, as long as public has right of use, whether exercised by one or many members of
25 public, a “public advantage” or “public benefit” accrues sufficient to constitute a public use. Montana Power
26 Co. v. Bokma, Mont., 457 P.2d. 769, 772, 773.
27 Public use, in constitutional provisions restricting the exercise of the right to take property in virtue of eminent
28 domain, means a use concerning the whole community distinguished from particular individuals. But each and
29 every member of society need not be equally interested in such use, or be personally and directly affected by it;
30 if the object is to satisfy a great public want or exigency, that is sufficient. Ringe Co. v. Los Angeles County, 262
31 U.S. 700, 43 S.Ct. 689, 692, 67 L.Ed. 1186. The term may be said to mean public usefulness, utility, or advantage,
32 or what is productive of general benefit. It may be limited to the inhabitants of a small or restricted locality, but
33 must be in common, and not for a particular individual. The use must be a needful one for the public, which
34 cannot be surrendered without obvious general loss and inconvenience. A “public use” for which land may be
35 taken defies absolute definition for it changes with varying conditions of society, new appliances in the sciences,
36 changing conceptions of scope and functions of government, and other differing circumstances brought about by
37 an increase in population and new modes of communication and transportation. Katz v. Brandon, 156 Conn.
38 521, 245 A.2d. 579, 586.
41 __________________________________________________________________________________________
42 “Public purpose. In the law of taxation, eminent domain, etc., this is a term of classification to distinguish the
43 objects for which, according to settled usage, the government is to provide, from those which, by the like usage,
44 are left to private interest, inclination, or liberality. The constitutional requirement that the purpose of any tax,
45 police regulation, or particular exertion of the power of eminent domain shall be the convenience, safety, or
46 welfare of the entire community and not the welfare of a specific individual or class of persons [such as, for
47 instance, federal benefit recipients as individuals]. “Public purpose” that will justify expenditure of public
48 money generally means such an activity as will serve as benefit to community as a body and which at same time
49 is directly related function of government. Pack v. Southwestern Bell Tel. & Tel. Co., 215 Tenn. 503, 387 S.W.2d.
50 789, 794 .
51 The term is synonymous with governmental purpose. As employed to denote the objects for which taxes may be
52 levied, it has no relation to the urgency of the public need or to the extent of the public benefit which is to follow;
53 the essential requisite being that a public service or use shall affect the inhabitants as a community, and not
54 merely as individuals. A public purpose or public business has for its objective the promotion of the public
55 health, safety, morals, general welfare, security, prosperity, and contentment of all the inhabitants or residents
56 within a given political division, as, for example, a state, the sovereign powers of which are exercised to promote
57 such public purpose or public business.”
58 [Black’s Law Dictionary, Sixth Edition, p. 1231, Emphasis added]
4 “The United States have no constitutional capacity to exercise municipal jurisdiction, sovereignty, or eminent
5 the court
domain, within the limits of a State or elsewhere, except in cases where it is delegated, and
6 denies the faculty of the Federal Government to add to its powers by treaty
7 or compact.‘“
8 [Dred Scott v. Sandford, 60 U.S. 393, 508-509 (1856)]
9 7. The Fifth Amendment prohibits converting private property to a public use or a public purpose without just compensation
10 if the owner does not consent, and this prohibition applies to the Federal government as well as states of the Union. It
11 was made applicable to states of the Union by the Fourteenth Amendment in 1868.
13 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or
14 indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual
15 service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in
16 jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be
17 deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public
18 use, without just compensation.
19 [United States Constitution, Fifth Amendment]
20 If the conversion of private property to public property is done without the express consent of the party affected by the
21 conversion and without compensation, then the following violations have occurred:
22 7.1. Violation of the Fifth Amendment “takings clause” above.
23 7.2. “Conversion” in violation of 18 U.S.C. §654.
24 7.3. Theft.
25 8. Because taxation involves converting private property to a public use, public purpose, and public office, then it involves
26 eminent domain if the owner of the property did not expressly consent to the taking:
27 Eminent domain. The power to take private property for public use by the state, municipalities, and private
28 persons or corporations authorized to exercise functions of public character. Housing Authority of Cherokee
29 National of Oklahoma v. Langley, Okl., 555 P.2d. 1025, 1028. Fifth Amendment, U.S. Constitution.
30 In the United States, the power of eminent domain is founded in both the federal (Fifth Amend.) and state
31 constitutions. However, the Constitution limits the power to taking for a public purpose and prohibits the
32 exercise of the power of eminent domain without just compensation to the owners of the property which is
33 taken. The process of exercising the power of eminent domain is commonly referred to as “condemnation”,
34 or, “expropriation”.
35 The right of eminent domain is the right of the state, through its regular organization, to reassert, either
36 temporarily or permanently, its dominion over any portion of the soil of the state on account of public exigency
37 and for the public good. Thus, in time of war or insurrection, the proper authorities may possess and hold any
38 part of the territory of the state for the common safety; and in time of peace the legislature may authorize the
39 appropriation of the same to public purposes, such as the opening of roads, construction of defenses, or providing
40 channels for trade or travel. Eminent domain is the highest and most exact idea of property remaining in the
41 government, or in the aggregate body of the people in their sovereign capacity. It gives a right to resume the
42 possession of the property in the manner directed by the constitution and the laws of the state, whenever the public
43 interest requires it.
44 See also Adequate compensation; Condemnation; Constructive taking; Damages; Expropriation; Fair market
45 value; Just compensation; Larger parcel; Public use; Take.
46 [Black’s Law Dictionary, Fifth Edition, p. 470]
47 9. The Fifth Amendment requires that any taking of private property without the consent of the owner must involve
48 compensation. The Constitution must be consistent with itself. The taxation clauses found in Article 1, Section 8,
49 Clauses 1 and 3 cannot conflict with the Fifth Amendment. The Fifth Amendment contains no exception to the
50 requirement for just compensation upon conversion of private property to a public use, even in the case of taxation. This
51 is why all taxes must be indirect excise taxes against people who provide their consent by applying for a license to engage
6 “Men are endowed by their Creator with certain unalienable rights,-'life, liberty, and the pursuit of happiness;'
7 and to 'secure,' not grant or create, these rights, governments are instituted. That property [or income] which a
8 man has honestly acquired he retains full control of, subject to these limitations: First, that he shall not use it
9 to his neighbor's injury, and that does not mean that he must use it for his neighbor's benefit [e.g. SOCIAL
10 SECURITY, Medicare, and every other public “benefit”]; second, that if he devotes it to a public use, he gives
11 to the public a right to control that use; and third, that whenever the public needs require, the public may take
12 it upon payment of due compensation.”
13 [Budd v. People of State of New York, 143 U.S. 517 (1892) ]
2 11. The following two methods are the ONLY methods involving consent of the owner that may be LAWFULLY employed
3 to convert PRIVATE property into PUBLIC property. Anything else is unlawful and THEFT:
4 11.1. DIRECT CONVERSION: Owner donates the property by conveying title or possession to the government. 30
5 11.2. INDIRECT CONVERSION: Owner assumes a PUBLIC status as a PUBLIC officer in the HOLDING of title to
6 the property.31 All such statuses and the rights that attach to it are creations and property of the government, the
7 use of which is a privilege. The status and all PUBLIC RIGHTS that attach to it conveys a “benefit” for which the
8 status user must pay an excise tax. The tax acts as a rental or use fee for the status, which is government property.
9 12. You and ONLY you can authorize your private property to be donated to a public use, public purpose, and public office.
10 No third party can lawfully convert or donate your private property to a public use, public purpose, or public office
11 without your knowledge and express consent. If they do, they are guilty of theft and conversion, and especially if they
12 are acting in a quasi-governmental capacity as a “withholding agent” as defined in 26 U.S.C. §7701(a)(16).
13 12.1. A withholding agent cannot file an information return connecting your earnings to a “trade or business” without
14 you actually occupying a “public office” in the government BEFORE you filled out any tax form.
15 12.2. A withholding agent cannot file IRS Form W-2 against your earnings if you didn’t sign an IRS Form W-4 contract
16 and thereby consent to donate your private property to a public office in the U.S. government and therefore a “public
17 use”.
18 12.3. That donation process is accomplished by your own voluntary self-assessment and ONLY by that method. Before
19 such a self-assessment, you are a “nontaxpayer” and a private person. After the assessment, you become a
20 “taxpayer” and a public officer in the government engaged in the “trade or business” franchise.
21 12.4. In order to have an income tax liability, you must complete, sign, and “file” an income tax return and thereby assess
22 yourself:
23 “Our system of taxation is based upon voluntary assessment and payment, not distraint.”
24 [Flora v. U.S., 362 U.S. 145 (1960)]
25 By assessing yourself, you implicitly give your consent to allow the public the right to control that use of the formerly
26 PRIVATE property donated to a public use.
30
An example of direct conversion would be the process of “registering” a vehicle with the Department of Motor Vehicles in your state. The act of
registration constitutes consent by original ABSOLUTE owner to change the ownership of the property from ABSOLUTE to QUALIFIED and to convey
legal title to the state and qualified title to himself.
31
An example of a PUBLIC status is statutory “taxpayer” (public office called “trade or business”), statutory “citizen”, statutory “driver” (vehicle), statutory
voter (registered voters are public officers).
9 The next time someone from the government asserts a tax obligation, you might want to ask them the following
10 very insightful questions based on the content of this section:
11 1. Please describe at EXACTLY what point in the taxation process my earnings were LAWFULLY converted from
12 EXCLUSIVELY PRIVATE to PUBLIC and thereby became SUBJECT to civil statutory law and government
13 jurisdiction. Check one or more. If none are checked, it shall CONCLUSIVELY be PRESUMED that no tax is owed:
14 1.1. _____When I was born?
15 1.2. _____When I became a CONSTITUTIONAL citizen?
16 1.3. _____When I changed my domicile to a CONSTITUTIONAL and not STATUTORY “State”?
17 1.4. _____When I indicated “U.S. citizen” or “U.S. resident” on a government form, and the agent accepting it
18 FALSELY PRESUMED that meant I was a STATUTORY “national and citizen of the United States” per 8
19 U.S.C. §1401 rather than a CONSTITUTIONAL “citizen of the United States”?
20 1.5. _____When I disclosed and used a Social Security Number or Taxpayer Identification Number to my otherwise
21 PRIVATE employer?
22 1.6. _____When I submitted my withholding documents, such as IRS Forms W-4 or W-8?
23 1.7. _____When the information return was filed against my otherwise PRIVATE earnings that connected my
24 otherwise PRIVATE earnings to a PUBLIC office in the national government?
25 1.8. _____When I FAILED to rebut the false information return connecting my otherwise PRIVATE earnings to a
26 PUBLIC office in the national government?
27 1.9. _____When I filed a “taxpayer” form, such as IRS Forms 1040 or 1040NR?
28 1.10. _____When the IRS or state did an assessment under the authority if 26 U.S.C. §6020(b)?
29 1.11. _____When I failed to rebut a collection notice from the IRS?
30 1.12. _____When the IRS levied monies from my EXCLUSIVELY private account, which must be held by a PUBLIC
31 OFFICER per 26 U.S.C. §6331(a) before it can lawfully be levied?
32 1.13. _____When the government decided they wanted to STEAL my money and simply TOOK it, and were protected
33 from the THEFT by a complicit Department of Justice, who split the proceeds with them?
34 1.14. _____When I demonstrated legal ignorance of the law to the government sufficient to overlook or not recognize
35 that it is impossible to convert PRIVATE to PUBLIC without my consent, as the Declaration of Independence
36 requires?
37 2. How can the conversion from PRIVATE to PUBLIC occur without my consent and without violating the Fifth
38 Amendment Takings Clause?
39 3. If you won’t answer the previous questions, how the HELL am I supposed to receive constitutionally mandated
40 “reasonable notice” of the following:
41 3.1. EXACTLY what property I exclusively own and therefore what property is NOT subject to government taxation
42 or regulation?
43 3.2. EXACTLY what conduct is expected of me by the law?
44 4. EXACTLY where in your publications is the first question answered and why should I believe it if even you refuse to
45 take responsibility for the accuracy of said publications?
46 5. EXACTLY where in the statutes and regulations is the first question answered?
47 6. How can you refuse to answer the above questions if your own mission statement says you are required to help people
48 obey the law and comply with the law?
3 There are a LOT more ways to UNLAWFULLY convert PRIVATE property to PUBLIC property than there are
4 ways to do it lawfully. This section will address the most prevalent methods abused by state actors so that you
5 will immediately recognize them when you are victimized by them. For the purposes of this section CONTROL
6 and OWNERSHIP are synonymous. Hence, if the TITLE of the property remains in your name but there is any
7 aspect of control over the USE of said property that does not demonstrably injure others, then the property ceases
8 to be absolutely owned and therefore is owned by the government.
9 Based on the previous section, there is ONLY one condition in which PRIVATE property can be converted to
10 PUBLIC property without the consent of the owner, which is when it is used to INJURE the rights of others. Any
11 other type of conversion is THEFT. The U.S. Supreme Court describes that process of illegally CONVERTING
12 property from PRIVATE to PUBLIC as follows. Notice that they only reference the “citizen’ as being the object
13 of regulation, which implies that those who are “nonresidents” and “transient foreigners” are beyond the control
14 of those governments in whose territory they have not chosen a civil domicile:
15 “The doctrine that each one must so use his own as not to injure his neighbor — sic utere tuo ut alienum non
16 lædas — is the rule by which every member of society must possess and enjoy his property; and all legislation
17 essential to secure this common and equal enjoyment is a legitimate exercise of State authority. Except in cases
18 where property may be destroyed to arrest a conflagration or the ravages of pestilence, or be taken under the
19 pressure of an immediate and overwhelming necessity to prevent a public calamity, the power of the State over
20 the property of the citizen [NOT EVERYONE, but only those consent to become citizens by choosing a
21 domicile] does not extend beyond such limits.”
22 [Munn v. Illinois, 94 U.S. 113 (1876)]
23 Below is a list of the more prevalent means abused by corrupt and covetous governments to illegally convert
24 PRIVATE property to PUBLIC PROPERTY without the express consent of the owner. Many of these techniques
25 are unrecognizable to the average American and therefore surreptitious, which is why they continue to be abused
26 so regularly and chronically by public dis-servants:
3 8.3. Agree to accept the obligations associated with the status described on the application, such as “taxpayer”,
4 “driver”, “spouse”.
5 If you want to prevent the above, reserve all your rights on the application, indicate duress, and define all terms on the
6 form as NOT connected with any government or statutory law.
7 9. PRESUME that the OWNER has a civil statutory status that he or she did not consent to, such as:
8 9.1. “spouse” under the family code of your state, which is a franchise.
9 9.2. “driver” under the vehicle code of your state, which is a franchise.
10 9.3. “taxpayer” under the tax code of your state, which is a franchise.
11 10. PRESUME in the case of physical PROPERTY that it was situated on federal territory to which the general and
12 exclusive jurisdiction of the national government applies, even though it is not. This is primarily done by playing word
13 games with geographical “words of art” such as “State” and “United States”.
14 11. Refuse to satisfy the burden of proving that the owner of the property expressly consented in a manner that he/she
15 prescribed to change the status of either himself or the property over which they claim a public interest.
16 12. Judges will interfere with attempts to introduce evidence in the proceeding that challenges any of the above
17 presumptions.
18 13. Unlawfully compel the use of Social Security Numbers or Taxpayer Identification Numbers in violation of 42 U.S.C.
19 §408(a)(8) in connection with specific property as a precondition of rendering a usually essential service. It will be
20 illegally compelled because:
21 13.1. The party against whom it was compelled was not a statutory “Taxpayer” or “person” or “individual” or to whom
22 a duty to furnish said number lawfully applies.
23 13.2. The property was not located on territory subject to the territorial jurisdiction of that national government.
24 14. Use one franchise as a way to recruit franchisees under OTHER franchises that are completely unrelated. For instance,
25 they will enact a vehicle code statute that allows for confiscation of REGISTERED vehicles only that are being
26 operated by UNLICENSED drivers. That way, everyone who wants to protect their vehicle also indirectly has to
27 ALSO become a statutory “driver” using the public roadways for commercial activity and thus subject to regulation by
28 the state, even though they in fact ARE NOT intending to do so.
29 15. Issue a license and then refuse to recognize the authority and ability in court of those possessing said license to act in
30 an EXCLUSIVELY PRIVATE capacity. For instance:
31 15.1. They may have a contractor’s license, but they are NOT allowed to operate as OTHER than a licensed
32 contractor…OR are NOT allowed to operate in an exclusively PRIVATE capacity.
33 15.2. They may have a vehicle registration but are NOT allowed to remove it or NOT use it during times when they are
34 NOT using the public roadways for hire, which is most of the time. In other words, the vehicle is the equivalent
35 to “off duty” at some times. They allow police officers, who are PUBLIC officers, to be off duty, but not anyone
36 who DOESN’T work for the government.
37 16. Issue or demand GOVERNMENT ID and then presume that the applicant is a statutory “resident” for ALL purposes,
38 rather than JUST the specific reason the ID was issued. Since a “resident” is a public officer, in effect they are
39 PRESUMING that you are a public officer 24 hours a day, 7 days a week, and that you HAVE to assume this capacity
40 without pay or “benefit” and without the ability to quit. See:
Why Domicile and Becoming a “Taxpayer” Require Your Consent, Form #05.002, Section 13.4
http://sedm.org/Forms/FormIndex.htm
41 What all of the above government abuses have in common is that they do one or more of the following:
42 1. Involve PRESUMPTIONS which violate due process of law and are therefore UNCONSTITUTIONAL. See:
Presumption: Chief Weapon for Unlawfully Enlarging Federal Jurisdiction, Form #05.017
http://sedm.org/Forms/FormIndex.htm
43 2. Refuse to RECOGNIZE the existence of PRIVATE property or PRIVATE rights.
44 3. Violate the very purpose of establishing government to begin with, which is to PROTECT PRIVATE property by
45 LEAVING IT ALONE and not regulating or benefitting from its use or abuse until AFTER it has been used to injure
46 the equal rights of anyone OTHER than the original owner.
47 4. Violate the Unconstitutional Conditions Doctrine of the U.S. Supreme Court.
48 5. Needlessly interfere with the ownership or control of otherwise PRIVATE property.
49 6. Often act upon property BEFORE it is used to institute an injury, instead of AFTER. Whenever the law acts to
50 PREVENT future harm rather than CORRECT past harm, it requires the consent of the owner. The common law itself
16 It ought to be obvious to the reader that the basis for Socialism is public ownership of ALL property.
17 “socialism n (1839) 1: any of various economic and political theories advocating collective or governmental
18 ownership and administration of the means of production and distribution of goods 2 a: a system of society or
19 group living in which there is no private property b: a system or condition of society in which the means of
20 production are owned and controlled by the state 3: a stage of society in Marxist theory transitional between
21 capitalism and communism and distinguished by unequal distribution of goods and pay according to work done.”
22 [Webster’s Ninth New Collegiate Dictionary, 1983, ISBN 0-87779-510-X, p. 1118]
23 Any system of law that recognizes no absolute and inviolable constitutional boundary between PRIVATE property
24 and PUBLIC property, or which regards ALL property as being subject to government taxation and/or regulation
25 is a socialist or collectivist system. That socialist system is exhaustively described in the following:
26 Below is how the U.S. Supreme Court characterizes efforts to violate the rules for converting PRIVATE property
27 into PUBLIC property listed above and thereby STEAL PRIVATE property. The text below the following line
28 up to the end of the section comes from the case indicated:
29 _______________________________
30 Munn v. Illinois, 94 U.S. 113 (1876)
31 The question presented, therefore, is one of the greatest importance, — whether it is within the competency of a
32 State to fix the compensation which an individual may receive for the use of his own property in his private
33 business, and for his services in connection with it.
34 [. . .]
35 139*139 The validity of the legislation was, among other grounds, assailed in the State court as being in conflict
36 with that provision of the State Constitution which declares that no person shall be deprived of life, liberty, or
37 property without due process of law, and with that provision of the Fourteenth Amendment of the Federal
38 Constitution which imposes a similar restriction upon the action of the State. The State court held, in substance,
39 that the constitutional provision was not violated so long as the owner was not deprived of the title and possession
40 of his property; and that it did not deny to the legislature the power to make all needful rules and regulations
41 respecting the use and enjoyment of the property, referring, in support of the position, to instances of its action in
42 prescribing the interest on money, in establishing and regulating public ferries and public mills, and fixing the
43 compensation in the shape of tolls, and in delegating power to municipal bodies to regulate the charges of hackmen
44 and draymen, and the weight and price of bread. In this court the legislation was also assailed on the same ground,
27 If this be sound law, if there be no protection, either in the principles upon which our republican
28 government is founded, or in the prohibitions of the Constitution against such invasion of private rights, all
29 property and all business in the State are held at the mercy of a majority of its legislature. The public has
30 no greater interest in the use of buildings for the storage of grain than it has in the use of buildings for the residences
31 of families, nor, indeed, anything like so great an interest; and, according to the doctrine announced, the legislature
32 may fix the rent of all tenements used for residences, without reference to the cost of their erection. If the owner
33 does not like the rates prescribed, he may cease renting his houses. He has granted to the public, says the court,
34 an interest in the use of the 141*141 buildings, and "he may withdraw his grant by discontinuing the use; but, so
35 long as he maintains the use, he must submit to the control." The public is interested in the manufacture of cotton,
36 woollen, and silken fabrics, in the construction of machinery, in the printing and publication of books and
37 periodicals, and in the making of utensils of every variety, useful and ornamental; indeed, there is hardly an
38 enterprise or business engaging the attention and labor of any considerable portion of the community, in
39 which the public has not an interest in the sense in which that term is used by the court in its opinion; and
40 the doctrine which allows the legislature to interfere with and regulate the charges which the owners of
41 property thus employed shall make for its use, that is, the rates at which all these different kinds of business
42 shall be carried on, has never before been asserted, so far as I am aware, by any judicial tribunal in the
43 United States.
44 The doctrine of the State court, that no one is deprived of his property, within the meaning of the
45 constitutional inhibition, so long as he retains its title and possession, and the doctrine of this court, that,
46 whenever one's property is used in such a manner as to affect the community at large, it becomes by that
47 fact clothed with a public interest, and ceases to be juris privati only, appear to me to destroy, for all useful
48 purposes, the efficacy of the constitutional guaranty. All that is beneficial in property arises from its use,
49 and the fruits of that use; and whatever deprives a person of them deprives him of all that is desirable or
50 valuable in the title and possession. If the constitutional guaranty extends no further than to prevent a
10 No State "shall deprive any person of life, liberty, or property without due process of law," says the Fourteenth
11 Amendment to the Constitution. By the term "life," as here used, something more is meant than mere animal
12 existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed.
13 The provision equally prohibits the mutilation of the body by the amputation of an arm or leg, or the putting out
14 of an eye, or the destruction of any other organ of the body through which the soul communicates with the outer
15 world. The deprivation not only of life, but of whatever God has given to everyone with life, for its growth and
16 enjoyment, is prohibited by the provision in question, if its efficacy be not frittered away by judicial decision.
17 By the term "liberty," as used in the provision, something more is meant than mere freedom from physical restraint
18 or the bounds of a prison. It means freedom to go where one may choose, and to act in such manner, not
19 inconsistent with the equal rights of others, as his judgment may dictate for the promotion of his happiness; that
20 is, to pursue such callings and avocations as may be most suitable to develop his capacities, and give to them their
21 highest enjoyment.
22 The same liberal construction which is required for the protection of life and liberty, in all particulars in
23 which life and liberty are of any value, should be applied to the protection of private property. If the
24 legislature of a State, under pretence of providing for the public good, or for any other reason, can
25 determine, against the consent of the owner, the uses to which private property shall be devoted, or the
26 prices which the owner shall receive for its uses, it can deprive him of the property as completely as by a
27 special act for its confiscation or destruction. If, for instance, the owner is prohibited from using his building
28 for the purposes for which it was designed, it is of little consequence that he is permitted to retain the
29 143*143 title and possession; or, if he is compelled to take as compensation for its use less than the expenses
30 to which he is subjected by its ownership, he is, for all practical purposes, deprived of the property, as
31 effectually as if the legislature had ordered his forcible dispossession. If it be admitted that the legislature
32 has any control over the compensation, the extent of that compensation becomes a mere matter of legislative
33 discretion. The amount fixed will operate as a partial destruction of the value of the property, if it fall below
34 the amount which the owner would obtain by contract, and, practically, as a complete destruction, if it be
35 less than the cost of retaining its possession. There is, indeed, no protection of any value under the
36 constitutional provision, which does not extend to the use and income of the property, as well as to its title
37 and possession.
38 This court has heretofore held in many instances that a constitutional provision intended for the protection of
39 rights of private property should be liberally construed. It has so held in the numerous cases where it has been
40 called upon to give effect to the provision prohibiting the States from legislation impairing the obligation of
41 contracts; the provision being construed to secure from direct attack not only the contract itself, but all the essential
42 incidents which give it value and enable its owner to enforce it. Thus, in Bronson v. Kinzie, reported in the 1st of
43 Howard, it was held that an act of the legislature of Illinois, giving to a mortgagor twelve months within which to
44 redeem his mortgaged property from a judicial sale, and prohibiting its sale for less than two-thirds of its appraised
45 value, was void as applied to mortgages executed prior to its passage. It was contended, in support of the act, that
46 it affected only the remedy of the mortgagee, and did not impair the contract; but the court replied that there was
47 no substantial difference between a retrospective law declaring a particular contract to be abrogated and void, and
48 one which took away all remedy to enforce it, or encumbered the remedy with conditions that rendered it useless
11 And in Pumpelly v. Green Bay Company, 13 Wall. 177, the language of the court is equally emphatic. That case
12 arose in Wisconsin, the constitution of which declares, like the constitutions of nearly all the States, that private
13 property shall not be taken for public use without just compensation; and this court held that the flooding of one's
14 land by a dam constructed across a river under a law of the State was a taking within the prohibition, and required
15 compensation to be made to the owner of the land thus flooded. The court, speaking through Mr. Justice Miller,
16 said: —
17 "It would be a very curious and unsatisfactory result, if, in construing a provision of constitutional law, always
18 understood to have been adopted for protection and security to the rights of the individual as against the
19 government, and which has received the commendation of jurists, statesmen, and commentators, as placing the
20 just principles of the common law on that subject beyond the power of ordinary legislation to change or control
21 them, it shall be held that, if the government refrains from the absolute conversion of real property to the uses of
22 the public, it can destroy its value entirely, can inflict irreparable and permanent injury to any extent, can, in
23 effect, subject it to total destruction without making any compensation, because, in the narrowest sense of the
24 word, it is not taken for the public use. Such a construction would pervert the constitutional provision into a
25 restriction on the rights of the citizen, as those rights stood at the common law, instead of the government, and
26 make it an authority for invasion of private right under the pretext of the public good, which had no warrant
27 in the laws or practices of our ancestors."
28 The views expressed in these citations, applied to this case, would render the constitutional provision
29 invoked by the defendants effectual to protect them in the uses, income, and revenues of their property, as
30 well as in its title and possession. The construction actually given by the State court and by this court makes
31 the provision, in the language of Taney, a protection to "a mere barren and abstract right, without any
32 practical operation upon the business of life," and renders it "illusive and nugatory, mere words of form,
33 affording no protection and producing no practical result."
34 The power of the State over the property of the citizen under the constitutional guaranty is well defined. The State
35 may take his property for public uses, upon just compensation being made therefor. It may take a portion of his
36 property by way of taxation for the support of the government. It may control the use and possession of his
37 property, so far as may be necessary for the protection of the rights of others, and to secure to them the equal use
38 and enjoyment of their property. The doctrine that each one must so use his own as not to injure his neighbor
39 — sic utere tuo ut alienum non lædas — is the rule by which every member of society must possess and
40 enjoy his property; and all legislation essential to secure this common and equal enjoyment is a legitimate
41 exercise of State authority. Except in cases where property may be destroyed to arrest a conflagration or
42 the ravages of pestilence, or be taken under the pressure of an immediate and overwhelming necessity to
43 prevent a public calamity, the power of the State over the property of the citizen does not extend beyond
44 such limits.
45 It is true that the legislation which secures to all protection in their rights, and the equal use and enjoyment of their
46 property, embraces an almost infinite variety of subjects. Whatever affects the peace, good order, morals, and
47 health of the community, comes within its scope; and every one must use and enjoy his property subject to the
48 restrictions which such legislation imposes. What is termed the police power of the State, which, from the language
49 often used respecting it, one would suppose to be an undefined and irresponsible element in government, can only
50 interfere with the conduct of individuals in their intercourse with each other, and in the use of their property, so
51 far 146*146 as may be required to secure these objects. The compensation which the owners of property, not
52 having any special rights or privileges from the government in connection with it, may demand for its use,
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1 or for their own services in union with it, forms no element of consideration in prescribing regulations for
2 that purpose. If one construct a building in a city, the State, or the municipality exercising a delegated power
3 from the State, may require its walls to be of sufficient thickness for the uses intended; it may forbid the
4 employment of inflammable materials in its construction, so as not to endanger the safety of his neighbors; if
5 designed as a theatre, church, or public hall, it may prescribe ample means of egress, so as to afford facility for
6 escape in case of accident; it may forbid the storage in it of powder, nitro-glycerine, or other explosive material;
7 it may require its occupants daily to remove decayed vegetable and animal matter, which would otherwise
8 accumulate and engender disease; it may exclude from it all occupations and business calculated to disturb the
9 neighborhood or infect the air. Indeed, there is no end of regulations with respect to the use of property which
10 may not be legitimately prescribed, having for their object the peace, good order, safety, and health of the
11 community, thus securing to all the equal enjoyment of their property; but in establishing these regulations it is
12 evident that compensation to the owner for the use of his property, or for his services in union with it, is not a
13 matter of any importance: whether it be one sum or another does not affect the regulation, either in respect to its
14 utility or mode of enforcement. One may go, in like manner, through the whole round of regulations authorized
15 by legislation, State or municipal, under what is termed the police power, and in no instance will he find that the
16 compensation of the owner for the use of his property has any influence in establishing them. It is only where
17 some right or privilege is conferred by the government or municipality upon the owner, which he can use
18 in connection with his property, or by means of which the use of his property is rendered more valuable to
19 him, or he thereby enjoys an advantage over others, that the compensation to be received by him becomes
20 a legitimate matter of regulation. Submission to the regulation of compensation in such cases is an implied
21 condition 147*147 of the grant, and the State, in exercising its power of prescribing the compensation, only
22 determines the conditions upon which its concession shall be enjoyed. When the privilege ends, the power
23 of regulation ceases.
24 Jurists and writers on public law find authority for the exercise of this police power of the State and the numerous
25 regulations which it prescribes in the doctrine already stated, that everyone must use and enjoy his property
26 consistently with the rights of others, and the equal use and enjoyment by them of their property. "The police
27 power of the State," says the Supreme Court of Vermont, "extends to the protection of the lives, limbs, health,
28 comfort, and quiet of all persons, and the protection of all property in the State. According to the maxim, sic utere
29 tuo ut alienum non lædas, which, being of universal application, it must, of course, be within the range of
30 legislative action to define the mode and manner in which every one may so use his own as not to injure others."
31 Thorpe v. Rutland & Burlington Railroad Co., 27 Vt. 149. "We think it a settled principle growing out of the
32 nature of well-ordered civil society," says the Supreme Court of Massachusetts, "that every holder of property,
33 however absolute and unqualified may be his title, holds it under the implied liability that his use of it shall not be
34 injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious
35 to the rights of the community." Commonwealth v. Alger, 7 Cush. 84. In his Commentaries, after speaking of the
36 protection afforded by the Constitution to private property, Chancellor Kent says: —
37 "But though property be thus protected, it is still to be understood that the law-giver has the right to prescribe
38 the mode and manner of using it, so far as may be necessary to prevent the abuse of the right, to the injury or
39 annoyance of others, or of the public. The government may, by general regulations, interdict such uses of property
40 as would create nuisances and become dangerous to the lives, or health, or peace, or comfort of the citizens.
41 Unwholesome trades, slaughter-houses, operations offensive to the senses, the deposit of powder, the application
42 of steam-power to propel cars, the building with combustible materials, and the burial of the dead, may all be
43 interdicted by law, in the-midst of dense masses of population, 148*148 on the general and rational principle
44 that every person ought so to use his property as not to injure his neighbors, and that private interests must be
45 made subservient to the general interests of the community. 2 Kent, 340.
46 The Italics in these citations are mine. The citations show what I have already stated to be the case, that the
47 regulations which the State, in the exercise of its police power, authorizes with respect to the use of property are
48 entirely independent of any question of compensation for such use, or for the services of the owner in connection
49 with it.
50 There is nothing in the character of the business of the defendants as warehousemen which called for the
51 interference complained of in this case. Their buildings are not nuisances; their occupation of receiving and storing
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1 grain infringes upon no rights of others, disturbs no neighborhood, infects not the air, and in no respect prevents
2 others from using and enjoying their property as to them may seem best. The legislation in question is nothing
3 less than a bold assertion of absolute power by the State to control at its discretion the property and business
4 of the citizen, and fix the compensation he shall receive. The will of the legislature is made the condition
5 upon which the owner shall receive the fruits of his property and the just reward of his labor, industry, and
6 enterprise. "That government," says Story, "can scarcely be deemed to be free where the rights of property
7 are left solely dependent upon the will of a legislative body without any restraint. The fundamental maxims
8 of a free government seem to require that the rights of personal liberty and private property should be held
9 sacred." Wilkeson v. Leland, 2 Pet. 657. The decision of the court in this case gives unrestrained license to
10 legislative will.
11 The several instances mentioned by counsel in the argument and by the court in its opinion, in which legislation
12 has fixed the compensation which parties may receive for the use of their property and services, do not militate
13 against the views I have expressed of the power of the State over the property of the citizen. They were mostly
14 cases of public ferries, bridges, and turnpikes, of wharfingers, hackmen, and draymen, and of interest on money.
15 In all these cases, except that of interest on money, which I shall presently notice there was some special 149*149
16 privilege granted by the State or municipality; and no one, I suppose, has ever contended that the State had not a
17 right to prescribe the conditions upon which such privilege should be enjoyed. The State in such cases exercises
18 no greater right than an individual may exercise over the use of his own property when leased or loaned to
19 others. The conditions upon which the privilege shall be enjoyed being stated or implied in the legislation
20 authorizing its grant, no right is, of course, impaired by their enforcement. The recipient of the privilege,
21 in effect, stipulates to comply with the conditions. It matters not how limited the privilege conferred, its
22 acceptance implies an assent to the regulation of its use and the compensation for it. The privilege which the
23 hackman and drayman have to the use of stands on the public streets, not allowed to the ordinary coachman or
24 laborer with teams, constitutes a sufficient warrant for the regulation of their fares. In the case of the
25 warehousemen of Chicago, no right or privilege is conferred by the government upon them; and hence no assent
26 of theirs can be alleged to justify any interference with their charges for the use of their property.
27 The quotations from the writings of Sir Matthew Hale, so far from supporting the positions of the court, do not
28 recognize the interference of the government, even to the extent which I have admitted to be legitimate. They state
29 merely that the franchise of a public ferry belongs to the king, and cannot be used by the subject except by license
30 from him, or prescription time out of mind; and that when the subject has a public wharf by license from the king,
31 or from having dedicated his private wharf to the public, as in the case of a street opened by him through his own
32 land, he must allow the use of the wharf for reasonable and moderate charges. Thus, in the first quotation which
33 is taken from his treatise De Jure Maris, Hale says that the king has
34 "a right of franchise or privilege, that no man may set up a common ferry for all passengers without a prescription
35 time out of mind or a charter from the king. He may make a ferry for his own use or the use of his family, but not
36 for the common use of all the king's subjects passing that way; because it doth in consequent tend to a common
37 charge, and is become a thing of public interest and use, and every man for his passage 150*150 pays a toll,
38 which is a common charge, and every ferry ought to be under a public regulation, viz., that it give attendance at
39 due times, keep a boat in due order, and take but reasonable toll; for if he fail in these he is finable."
40 Of course, one who obtains a license from the king to establish a public ferry, at which "every man for his passage
41 pays a toll," must take it on condition that he charge only reasonable toll, and, indeed, subject to such regulations
42 as the king may prescribe.
43 In the second quotation, which is taken from his treatise De Portibus Maris, Hale says: —
44 "A man, for his own private advantage, may, in a port or town, set up a wharf or crane, and may take what rates
45 he and his customers can agree for cranage, wharfage, housellage, pesage; for he doth no more than is lawful
46 for any man to do, viz., makes the most of his own. If the king or subject have a public wharf, unto which all
47 persons that come to that port must come and unlade or lade their goods as for the purpose, because they are the
48 wharves only licensed by the king, or because there is no other wharf in that port, as it may fall out where a port
49 is newly erected, in that case there cannot be taken arbitrary and excessive duties for cranage, wharfage, pesage,
50 &c.; neither can they be enhanced to an immoderate rate, but the duties must be reasonable and moderate, though
4 The purport of which is, that if one have a public wharf, by license from the government or his own dedication,
5 he must exact only reasonable compensation for its use. By its dedication to public use, a wharf is as much brought
6 under the common-law rule of subjection to reasonable charges as it would be if originally established or licensed
7 by the crown. All property dedicated to public use by an individual owner, as in the case of land for a park or
8 street, falls at once, by force of the dedication, under the law governing property appropriated by the government
9 for similar purposes.
10 I do not doubt the justice of the encomiums passed upon Sir 151*151 Matthew Hale as a learned jurist of his day;
11 but I am unable to perceive the pertinency of his observations upon public ferries and public wharves, found in
12 his treatises on "The Rights of the Sea" and on "The Ports of the Sea," to the questions presented by the
13 warehousing law of Illinois, undertaking to regulate the compensation received by the owners of private property,
14 when that property is used for private purposes.
15 The principal authority cited in support of the ruling of the court is that of Alnutt v. Inglis, decided by the King's
16 Bench, and reported in 12 East. But that case, so far from sustaining the ruling, establishes, in my judgment, the
17 doctrine that everyone has a right to charge for his property, or for its use, whatever he pleases, unless he enjoys
18 in connection with it some right or privilege from the government not accorded to others; and even then it only
19 decides what is above stated in the quotations from Sir Matthew Hale, that he must submit, so long as he retains
20 the right or privilege, to reasonable rates. In that case, the London Dock Company, under certain acts of
21 Parliament, possessed the exclusive right of receiving imported goods into their warehouses before the duties were
22 paid; and the question was whether the company was bound to receive them for a reasonable reward, or whether
23 it could arbitrarily fix its compensation. In deciding the case, the Chief Justice, Lord Ellenborough, said: —
24 "There is no doubt that the general principle is favored, both in law and justice, that every man may fix what
25 price he pleases upon his own property, or the use of it; but if, for a particular purpose, the public have a right
26 to resort to his premises and make use of them, and he have a monopoly in them for that purpose, if he will take
27 the benefit of that monopoly, he must, as an equivalent, perform the duty attached to it on reasonable terms."
28 And, coming to the conclusion that the company's warehouses were invested with "the monopoly of a public
29 privilege," he held that by law the company must confine itself to take reasonable rates; and added, that if the
30 crown should thereafter think it advisable to extend the privilege more generally to other persons and places, so
31 that the public would not be restrained from exercising a choice of warehouses for the purpose, the company might
32 be enfranchised from the restriction which 152*152 attached to a monopoly; but, so long as its warehouses were
33 the only places which could be resorted to for that purpose, the company was bound to let the trade have the use
34 of them for a reasonable hire and reward. The other judges of the court placed their concurrence in the decision
35 upon the ground that the company possessed a legal monopoly of the business, having the only warehouses where
36 goods imported could be lawfully received without previous payment of the duties. From this case it appears that
37 it is only where some privilege in the bestowal of the government is enjoyed in connection with the property, that
38 it is affected with a public interest in any proper sense of the terms. It is the public privilege conferred with the
39 use of the property which creates the public interest in it.
40 In the case decided by the Supreme Court of Alabama, where a power granted to the city of Mobile to license
41 bakers, and to regulate the weight and price of bread, was sustained so far as regulating the weight of the bread
42 was concerned, no question was made as to the right to regulate the price. 3 Ala. 137. There is no doubt of the
43 competency of the State to prescribe the weight of a loaf of bread, as it may declare what weight shall constitute
44 a pound or a ton. But I deny the power of any legislature under our government to fix the price which one shall
45 receive for his property of any kind. If the power can be exercised as to one article, it may as to all articles, and
46 the prices of everything, from a calico gown to a city mansion, may be the subject of legislative direction.
11 The practice of regulating by legislation the interest receivable for the use of money, when considered with
12 reference to its origin, is only the assertion of a right of the government to control the extent to which a
13 privilege granted by it may be exercised and enjoyed. By the ancient common law it was unlawful to take
14 any money for the use of money: all who did so were called usurers, a term of great reproach, and were
15 exposed to the censure of the church; and if, after the death of a person, it was discovered that he had been
16 a usurer whilst living, his chattels were forfeited to the king, and his lands escheated to the lord of the fee.
17 No action could be maintained on any promise to pay for the use of money, because of the unlawfulness of
18 the contract. Whilst the common law thus condemned all usury, Parliament interfered, and made it lawful
19 to take a limited amount of interest. It was not upon the theory that the legislature could arbitrarily fix the
20 compensation which one could receive for the use of property, which, by the general law, was the subject
21 of hire for compensation, that Parliament acted, but in order to confer a privilege which the common law
22 denied. The reasons which L.Ed. to this legislation originally have long since ceased to exist; and if the
23 legislation is still persisted in, it is because a long acquiescence in the exercise of a power, especially when
24 it was rightfully assumed in the first instance, is generally received as sufficient evidence of its continued
25 lawfulness. 10 Bac. Abr. 264.[*]
26 There were also recognized in England, by the ancient common law, certain privileges as belonging to the lord of
27 the manor, which grew out of the state of the country, the condition of the people, and the relation existing between
28 him and 154*154 his tenants under the feudal system. Among these was the right of the lord to compel all the
29 tenants within his manor to grind their corn at his mill. No one, therefore, could set up a mill except by his license,
30 or by the license of the crown, unless he claimed the right by prescription, which presupposed a grant from the
31 lord or crown, and, of course, with such license went the right to regulate the tolls to be received. Woolrych on
32 the Law of Waters, c. 6, of Mills. Hence originated the doctrine which at one time obtained generally in this
33 country, that there could be no mill to grind corn for the public, without a grant or license from the public
34 authorities. It is still, I believe, asserted in some States. This doctrine being recognized, all the rest followed. The
35 right to control the toll accompanied the right to control the establishment of the mill.
36 It requires no comment to point out the radical differences between the cases of public mills and interest on money,
37 and that of the warehouses in Chicago. No prerogative or privilege of the crown to establish warehouses was ever
38 asserted at the common law. The business of a warehouseman was, at common law, a private business and is
39 so in its nature. It has no special privileges connected with it, nor did the law ever extend to it any greater
40 protection than it extended to all other private business. No reason can be assigned to justify legislation
41 interfering with the legitimate profits of that business, that would not equally justify an intermeddling with
42 the business of every man in the community, so soon, at least, as his business became generally useful.
44 The U.S. Supreme Court acknowledged that a frequent source of unconstitutional activity by government actors
45 is to create fictitious offices, when it held:
46 "An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates
47 no office; it is in legal contemplation, as inoperative as though it had never been passed."
2 An unlawfully created public office is sometimes called a “fiction of law”. All those engaged in franchises are
3 public officers in the government. The fictitious public office and/or “trade or business” (26 U.S.C. §7701(a)(26))
4 to which all the government’s enforcement rights attach is also called a “fiction of law” by some judges. Here is
5 the definition:
6 “Fiction of law. An assumption or supposition of law that something which is or may be false is true, or that a state of facts exists which
7 has never really taken place. An assumption [PRESUMPTION], for purposes of justice, of a fact that does not or may not exist. A rule
8 of law which assumes as true, and will not allow to be disproved, something which is false, but not impossible. Ryan v. Motor Credit Co.,
9 30 N.J.Eq. 531, 23 A.2d. 607, 621. These assumptions are of an innocent or even beneficial character, and are made for the advancement
10 of the ends of justice. They secure this end chiefly by the extension of procedure from cases to which it is applicable to other cases to which
11 it is not strictly applicable, the ground of inapplicability being some difference of an immaterial character. See also Legal fiction.”
12 [Black’s Law Dictionary, Sixth Edition, p. 623]
13 The key elements of all fictions of law from the above are:
19 The fictitious public office that forms the heart of the modern SCAM income tax clearly does not satisfy the
20 elements for being a “fiction of law” because:
21 1. All presumptions that violate due process of law or result in an injury to EITHER party affected by the presumption are
22 unconstitutional. See:
Presumption: Chief Weapon for Unlawfully Enlarging Federal Jurisdiction, Form #05.017
http://sedm.org/Forms/FormIndex.htm
23 2. The presumption does not benefit BOTH parties to a dispute that involves it. It ONLY benefits the government at the
24 expense of innocent nontaxpayers and EXCLUSIVELY PRIVATE parties.
25 3. The presumption of the existence of the BOGUS office does NOT advance justice for BOTH parties to any dispute
26 involving it. The legal definition of justice is the RIGHT TO BE LEFT ALONE. The presumption of the existence of
27 the BOGUS office ensures that those who do not want to volunteer for the office but who are the subject of FALSE
28 information returns are NEVER left alone and are continually harassed illegally by the IRS. Here is the legal definition
29 of “justice” so you can see for yourself:
31 Justice, as a moral habit, is that tendency of the will and mode of conduct which refrains from disturbing the
32 lives and interests of others [INCLUDING us], and, as far as possible, hinders such interference on the part
33 of others. This virtue springs from the individual's respect for his fellows as ends in themselves and as his co
34 equals. The different spheres of interests may be roughly classified as follows: body and life; the family, or the
35 extended individual life; property, or the totality of the instruments of action; honor, or the ideal existence; and
36 finally freedom, or the possibility of fashioning one's life as an end in itself. The law defends these different
37 spheres, thus giving rise to a corresponding number of spheres of rights, each being protected by a prohibition. .
38 . . To violate the rights, to interfere with the interests of others, is injustice. All injustice is ultimately directed
39 against the life of the neighbor; it is an open avowal that the latter is not an end in itself, having the same value
40 as the individual's own life. The general formula of the duty of justice may therefore be stated as follows: Do no
41 wrong yourself, and permit no wrong to be done, so far as lies in your power; or, expressed positively: Respect
42 and protect the right.”
43 [Readings on the History and System of the Common Law, Second Edition, Roscoe Pound, 1925, p. 2]
44 Therefore it is clearly a CRUEL FRAUD for any judge to justify his PRESUMPTION of the existence of the
45 BOGUS public office that is the subject of the excise tax by calling it a “fiction of law”.
46 If you want to see an example of WHY this fiction of law was created as a way to usurp jurisdiction, read the
47 following U.S. Supreme Court cite:
48 "It is true, that the person who accepts an office may be supposed to enter into a compact to be answerable to
49 the government, which he serves, for any violation of his duty; and, having taken the oath of office, he would
Corporatization and Privatization of the Government 119 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 unquestionably be liable, in such case, to a prosecution for perjury in the Federal Courts. But because one
2 man, by his own act, renders himself amenable to a particular jurisdiction, shall another man, who has not
3 incurred a similar obligation, be implicated? If, in other words, it is sufficient to vest a jurisdiction in this court,
4 that a Federal Officer is concerned; if it is a sufficient proof of a case arising under a law of the United States to
5 affect other persons, that such officer is bound, by law, to discharge his duty with fidelity; a source of jurisdiction
6 is opened, which must inevitably overflow and destroy all the barriers between the judicial authorities of the State
7 and the general government. Any thing which can prevent a Federal Officer from the punctual, as well as from
8 an impartial, performance of his duty; an assault and battery; or the recovery of a debt, as well as the offer of a
9 bribe, may be made a foundation of the jurisdiction of this court; and, considering the constant disposition of
10 power to extend the sphere of its influence, fictions will be resorted to, when real cases cease to occur. A mere
11 fiction, that the defendant is in the custody of the marshall, has rendered the jurisdiction of the King's Bench
12 universal in all personal actions."
13 [United States v. Worrall, 2 U.S. 384 (1798)
14 SOURCE: http://scholar.google.com/scholar_case?case=3339893669697439168]
15 The reason for the controversy in the above case was that a bribe occurred on state land by a nonresident domiciled
16 in the state, and therefore that federal law did not apply. In the above case, the court admitted that a "fiction" was
17 resorted to usurp jurisdiction because no legal authority could be found. The fact that the defendant was in custody
18 created the jurisdiction. It didn't exist before they ILLEGALLY KIDNAPPED him. Notice also that they mention
19 an implied "compact" or contract related to the office being exercised, and that THAT compact was the source of
20 their jurisdiction over the officer who was bribed. This is the SAME contract to which all those who engage in a
21 statutory “trade or business” are party to.
23 Another useful exercise is to compare PUBLIC franchises, meaning government franchise, with PRIVATE
24 franchises that involve private parties exclusively. Understanding these distinctions is very important to those
25 who want to be able to produce legally admissible evidence that governments are illegally implementing or
26 enforcing their franchises. Below is a table summarizing the main differences between PUBLIC and PRIVATE
27 franchises:
28 Table 5: Public v. Private Franchises Compared
Characteristic PUBLIC/GOVERNMENT Franchise PRIVATE Franchise
Franchise agreement is Civil law associated with the domicile Private law among all those who
of those who are statutory but not expressly consented in writing
constitutional “citizens” and
“residents” within the venue of the
GRANTOR
Consent to the franchise procured IMPLIED by ACTION of EXPRESS by signing a WRITTEN
by participants: 1. Using the contract absent duress
government’s license number; 2.
Declaring a STATUS under the
franchise such as “taxpayer”
Franchise rights are property of Government (de facto government if Human being or private company
property outside of federal territory)
Choice of law governing disputes Franchise agreement itself and Federal Franchise agreement only
under the franchise agreement Rule of Civil Procedure 17(b).
Disputes legally resolved in Article 4, Section 3, Clause 2 statutory Constitutional court in EQUITY
FRANCHISE court with INEQUITY
Courts officiating disputes operate POLITICAL context and issue LEGAL context and issue ORDERS
in [political] OPINIONS
Parties to the contract Are “public officers” within the Maintain their status as private parties
government grantor of the franchise
Domicile of franchise participants Federal territory. See 26 U.S.C. Wherever the parties declare it or
§7701(a)(39) and §7408(d) express it in the franchise
4 1. When they are implementing the franchises against parties domiciled outside of their EXCLUSIVE rather than subject
5 matter jurisdiction. For instance, when the federal government implements or enforces a federal franchise within states
6 of the Union, then it is operating outside its territory and implicitly waives sovereign immunity. Hence, they are
7 “purposefully availing themselves” of commercial activity outside of their jurisdiction and waive immunity within the
8 jurisdiction they are operating. See:
Federal Jurisdiction, Form #05.018
http://sedm.org/Forms/FormIndex.htm
9 2. When domicile and one’s status as a statutory “citizen”, “resident”, or “U.S. person” under the civil laws of the
10 grantor:
11 2.1. Is not required in the franchise agreement itself.
12 2.2. Is in the franchise agreement but is ignored or disregarded as a matter of policy and not law by the government.
13 For instance, the government ignores the legal requirements of the franchise found in 20 C.F.R. §422.104 and
14 insists that EVERYONE is eligible and TO HELL with the law.
15 3. When any of the above conditions occur, then the government engaging in them:
16 3.1. Is engaging in PRIVATE business activity beyond its core purpose as a de jure “government”
17 3.2. Is operating in a de facto capacity and not as a “sovereign”. See:
De Facto Government Scam, Form #05.043
http://sedm.org/Forms/FormIndex.htm
18 3.3. Is abusing its monopolistic authority to compete with private business concerns
19 3.4. Is “purposefully availing itself” of commerce in the foreign jurisdictions, such as states of the Union, that it
20 operates the franchise
21 3.5. Implicitly waives sovereign immunity under the Foreign Sovereign Immunities Act (F.S.I.A.), 28 U.S.C. Chapter
22 97 and its equivalent act in the foreign jurisdictions that it operates the franchise
23 3.6. Implicitly agrees to be sued IN EQUITY in a Constitutional court if it enforces the franchise against
24 NONRESIDENTS
25 3.7. Cannot truthfully identify the statutory FRANCHISE courts that administer the franchise as “government” courts,
26 but simply PRIVATE arbitration boards.
27 The following ruling by the U.S. Supreme Court confirms some of the above.
28 See also Clearfield Trust Co. v. United States, 318 U.S. 363, 369 (1943) ("`The United States does business on
29 business terms'") (quoting United States v. National Exchange Bank of Baltimore, 270 U.S. 527, 534 (1926));
30 Perry v. United States, supra at 352 (1935) ("When the United States, with constitutional authority, makes
31 contracts, it has rights and incurs responsibilities similar to those of individuals who are parties to such
32 instruments. There is no difference . . . except that the United States cannot be sued without its consent")
33 (citation omitted); United States v. Bostwick, 94 U.S. 53, 66 (1877) ("The United States, when they contract with
34 their citizens, are controlled by the same laws that govern the citizen in that behalf"); Cooke v. United States,
35 91 U.S. 389, 398 (1875) (explaining that when the United States "comes down from its position of sovereignty,
36 and enters the domain of commerce, it submits itself to the same laws that govern individuals there").
37 See Jones, 1 Cl.Ct. at 85 ("Wherever the public and private acts of the government seem to commingle, a citizen
38 or corporate body must by supposition be substituted in its place, and then the question be determined whether
39 the action will lie against the supposed defendant"); O'Neill v. United States, 231 Ct.Cl. 823, 826 (1982)
40 (sovereign acts doctrine applies where, "[w]ere [the] contracts exclusively between private parties, the party hurt
41 by such governing action could not claim compensation from the other party for the governing action"). The
42 dissent ignores these statements (including the statement from Jones, from which case Horowitz drew its
43 reasoning literally verbatim), when it says, post at 931, that the sovereign acts cases do not emphasize the need
44 to treat the government-as-contractor the same as a private party.
45 [United States v. Winstar Corp., 518 U.S. 839 (1996) ]
47 "When the United States, with constitutional authority, makes contracts, it has rights and incurs responsibilities
48 similar to those of individuals who are parties to such instruments. There is no difference . . . except that the
49 United States cannot be sued [IN ITS OWN COURTS] without its consent"
13 “Expressio unius est exclusio alterius. A maxim of statutory interpretation meaning that the expression of one
14 thing is the exclusion of another. Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d. 321, 325; Newblock v. Bowles,
15 170 Okl. 487, 40 P.2d. 1097, 1100.Mention of one thing implies exclusion of another. When certain persons or
16 things are specified in a law, contract, or will, an intention to exclude all others from its operation may be
17 inferred. Under this maxim, if statute specifies one exception to a general rule or assumes to specify the effects
18 of a certain provision, other exceptions or effects are excluded.”
19 [Black’s Law Dictionary, Sixth Edition, p. 581]
20 A legal term useful in describing the proper operation of government franchises is “publici juris”. Here is a legal
21 definition:
22 “PUBLICI JURIS. Lat. Of public right. The word "public" in this sense means pertaining to the people, or
23 affecting the community at large [the SOCIALIST collective]; that which concerns a multitude of people; and the
24 word "right," as so used, means a well-founded claim; an interest; concern; advantage; benefit. State v. Lyon, 63
25 Okl. 285, 165 P. 419, 420.
26 This term, as applied to a thing or right [PRIVILEGE], means that it is open to or exercisable by all persons. It
27 designates things which are owned by "the public:" that is, the entire state or community, and not by any private
28 person. When a thing is common property, so that anyone can make use of it who likes, it is said to be publici
29 juris; as in the case of light, air, and public water. Sweet. “
30 [Black’s Law Dictionary, Fourth Edition, p. 1397]
31 We allege that:
38 For further details on the compelled use of government identifying numbers, see:
Why It Is Illegal for Me to Request or Use a “Taxpayer Identification Number”, Form #04.205
http://sedm.org/Forms/FormIndex.htm
32
Adapted from Great IRS Hoax, Form #11.302, Section 4.3.1
http://famguardian.org/Publications/GreatIRSHoax/GreatIRSHoax.htm.
2 This section describes the elements necessary to transform a pure corporation into a government. Any alleged
3 “government” that does not satisfy and implement ALL of the characteristics described herein we refer to as a
4 private corporation and NOT a “government” as legally defined or classically understood.
6 1. Requires three elements to be valid. If you take away any one or more of the following elements, you don’t have a
7 “government”.
8 1.1. Territory. A valid government must have exclusive legislative jurisdiction within its own territory and no
9 jurisdiction without its territory.
10 "Judge Story, in his treatise on the Conflicts of Laws, lays down, as the basis upon which all reasonings on the
11 law of comity must necessarily rest, the following maxims: First 'that every nation possesses an exclusive
12 sovereignty and jurisdiction within its own territory'; secondly, 'that no state or nation can by its laws directly
13 affect or bind property out of its own territory, or bind persons not resident therein, whether they are natural
14 born subjects or others.' The learned judge then adds: 'From these two maxims or propositions there follows a
15 third, and that is that whatever force and obligation the laws of one country have in another depend solely upon
16 the laws and municipal regulation of the latter; that is to say, upon its own proper jurisdiction and polity, and
17 upon its own express or tacit consent." Story on Conflict of Laws §23."
18 [Baltimore & Ohio Railroad Co. v. Chambers, 73 Ohio.St. 16, 76 N.E. 91, 11 L.R.A., N.S., 1012 (1905)]
19 1.2. Laws. The civil laws of the government do not extend beyond the boundaries of the territory comprising the body
20 politic.
21 1.3. People. These people are called “citizens”, “residents”, and inhabitants who all have in common that they have
22 voluntarily chosen a domicile within the civil jurisdiction of the body politic and thereby joined and become a
23 “member” of the body politic. Mere physical presence on the territory of the sovereign does NOT constitute an act
24 of political association by itself, but must be accompanied by what the courts call “animus manendi”, which is
25 intent to join the body politic. It is a financial conflict of interest for the People in the body politic to also serve as
26 “employees” or officers of the corporation if they are voting on issues that directly affect their pay. See 18 U.S.C.
27 §208, 28 U.S.C. §144, and 28 U.S.C. §455.
28 2. Main purpose of establishment is protection of private rights. This includes maintaining the separation between what is
29 private and what is public with the goal of protecting mainly what is private.
30 “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator
31 with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to
32 secure these rights, Governments are instituted among Men. . .”
33 [Declaration of Independence]
34 3. Rights are consistently recognized and protected as unalienable in relation to the government, which means they can’t
35 be bargained away or sold to the government through any commercial process. This means that franchises may not
36 lawfully be offered to those protected by the Constitution, because they are commercial processes. Notice the word
37 “unalienable” in the Declaration of Independence above, which is defined as follows.
38 “Unalienable. Inalienable; incapable of being aliened, that is, sold and transferred.”
39 [Black’s Law Dictionary, Fourth Edition, p. 1693]
40 4. Equal protection and equal treatment of all those within the jurisdiction.
41 “No duty rests more imperatively upon the courts than the enforcement of those constitutional provisions
42 intended to secure that equality of rights which is the foundation of free government."
43 [Gulf, C. & S. F. R. Co. v. Ellis, 165 U.S. 150 (1897) ]
44 5. Consent of the governed. The Declaration of Independence indicates that all just governments derive their authority
45 from the “consent of the governed”:
46 “That to secure these rights, governments are instituted among men, deriving their just powers from the consent
47 of the governed.”
48 [Declaration of Independence]
2 "It is again to antagonize Chief Justice Marshall, when he said: 'The government of the Union, then (whatever
3 may be the influence of this fact on the case), is emphatically and truly a government of the people. In form
4 and in substance it emanates from them. Its powers are granted by them, and are to be exercised directly on
5 them and for their benefit. This government is acknowledged by all to be one of enumerated powers.' 4 Wheat.
6 404, 4 L.Ed. 601."
7 [Downes v. Bidwell, 182 U.S. 244 (1901) ]
281H
8 "The question is not what power the federal government ought to have, but what powers, in fact, have been given
9 by the people... The federal union is a government of delegated powers. It has only such as are expressly
10 conferred upon it, and such as are reasonably to be implied from those granted. In this respect, we differ
11 radically from nations where all legislative power, without restriction or limitation, is vested in a parliament
12 or other legislative body subject to no restriction except the discretion of its members." (Congress)
13 [U.S. v. William M. Butler, 297 U.S. 1 (1936)]
14 "The Government of the United States is one of delegated powers alone. Its authority is defined and limited by
15 the Constitution. All powers not granted to it by that instrument are reserved to the States or the people."
16 [United States v. Cruikshank, 92 U.S. 542 (1875)]
17 7. Consists of BOTH a “body politic” AND a body “corporate”. If you take out the body politic, all you have left is a “body
18 corporate” or simply a private corporation. The body politic, in turn, consists of “citizens” domiciled on the territory
19 who participate directly in the affairs of the government as jurists and voters and NOT statutory “employees” or “officers”
20 of the corporation.
21 Both before and after the time when the Dictionary Act and § 1983 were passed, the phrase “bodies politic and
22 corporate” was understood to include the [governments of the] States. See, e.g., J. Bouvier, 1 A Law Dictionary
23 Adapted to the Constitution and Laws of the United States of America 185 (11th ed. 1866); W. Shumaker & G.
24 Longsdorf, Cyclopedic Dictionary of Law 104 (1901); Chisholm v. Georgia, 2 U.S. (2 Dall.) 419, 447, 1 L.Ed.
25 440 (1793) (Iredell, J.); id., at 468 (Cushing, J.); Cotton v. United States, 52 U.S. (11 How.) 229, 231, 13 L.Ed.
26 675 (1851) (“Every sovereign State is of necessity a body politic, or artificial person”); Poindexter v. Greenhow,
27 114 U.S. 270, 288, 5 S.Ct. 903, 29 L.Ed. 185 (1885); McPherson v. Blacker, 146 U.S. 1, 24, 13 S.Ct. 3, 6, 36
28 L.Ed. 869 (1892); Heim v. McCall, 239 U.S. 175, 188, 36 S.Ct. 78, 82, 60 L.Ed. 206 (1915). See also United
29 States v. Maurice, 2 Brock. 96, 109, 26 F.Cas. 1211 (CC Va.1823) (Marshall, C.J.) (“The United States is a
30 government, and, consequently, a body politic and corporate”); Van Brocklin v. Tennessee, 117 U.S. 151, 154,
31 6 S.Ct. 670, 672, 29 L.Ed. 845 (1886) (same). Indeed, the very legislators who passed § 1 referred to States in
32 these terms. See, e.g., Cong. Globe, 42d Cong., 1st Sess., 661-662 (1871) (Sen. Vickers) (“What is a State? Is *79
33 it not a body politic and corporate?”); id., at 696 (Sen. Edmunds) (“A State is a corporation”).
34 The reason why States are “bodies politic and corporate” is simple: just as a corporation is an entity that can
35 act only through its agents, “[t]he State is a political corporate body, can act only through agents, and can
36 command only by laws.” Poindexter v. Greenhow, supra, 114 U.S., at 288, 5 S.Ct. at 912-913. See also Black’s
37 Law Dictionary 159 (5th ed. 1979) (“[B]ody politic or corporate”: “A social compact by which the whole people
38 covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for
39 the common good”). As a “body politic and corporate,” a State falls squarely within the Dictionary Act's
40 definition of a “person.”
41 While it is certainly true that the phrase “bodies politic and corporate” referred to private and public
42 corporations, see ante, at 2311, and n. 9, this fact does not draw into question the conclusion that this phrase
43 also applied to the States. Phrases may, of course, have multiple referents. Indeed, each and every dictionary
44 cited by the Court accords a broader realm-one **2317 that comfortably, and in most cases explicitly, includes
45 the sovereign-to this phrase than the Court gives it today. See 1B. Abbott, Dictionary of Terms and Phrases Used
46 in American or English Jurisprudence 155 (1879) (“[T]he term body politic is often used in a general way, as
47 meaning the state or the sovereign power, or the city government, without implying any distinct express
48 incorporation”); W. Anderson, A Dictionary of Law 127 (1893) (“[B]ody politic”: “The governmental, sovereign
49 power: a city or a State”); Black’s Law Dictionary 143 (1891) (“[B]ody politic”: “It is often used, in a rather
50 loose way, to designate the state or nation or sovereign power, or the government of a county or municipality,
51 without distinctly connoting any express and individual corporate charter”); 1A. Burrill, A Law Dictionary and
52 Glossary 212 (2d ed. 1871) (“[B]ody politic”: “A body to take in succession, framed by policy”;
53 “[p]articularly*80 applied, in the old books, to a Corporation sole”); id., at 383 (“Corporation sole” includes
54 the sovereign in England).
55 [Will v. Michigan Dept. of State Police, 491 U.S. 58, 109 S.Ct. 2304 (U.S.Mich.,1989)]
56 8. Officers of the “body corporate” are NOT allowed to serve as jurists within the body politic. Those who receive any
57 government benefit or entitlement are included in this category, and are deemed to be employees of the government.
58 Hence, most Americans would be ineligible for participation as a petit jurist or grand jurist or even a voter because they
59 would have a criminal and financial conflict of interest in officiating over such matters pursuant to 18 U.S.C. §208:
6 I. Grand jury —Employee to whom government is paying disability compensation held “employee” of
7 government, disqualified as juror.
8 Government employee, to whom government is paying disability compensation under Act Sept. 7, 1016 (Comp.
9 St. §§ S932a—S932uu), held “employee” of the government, within rule disqualifying such employees from acting
10 as jurors.
11 [Ed. Note.—For other definitions, see Words and Phrases, First and Second Series, Employé.]
12 2. Grand jury—United States government employee not qualified to serve as member of grand jury in District of
13 Columbia.
14 An employee of United States is not qualified to serve as member of grand jury in District of Columbia,
15 notwithstanding Code, §§ 215, 217.
17 An accused may present objections to member of grand jury, who was disqualified as employee of United States
18 government, by plea in abatement.
20 Ward W. Griffith and others were indicted for conspiracy. From a judgment sustaining a plea in abatement and
21 quashing indictment, the United States appeals. Affirmed.
23 Leon Tobriner, B. U. Graham, and J. L. Smith, all of Washington, D. C., for appellees.
24 Before MARTIN, Chief Justice, ROBB, Associate Justice, and SMITH, Judge of the United States Court of
25 Customs Appeals.
26 MARTIN, Chief Justice. In this case the United States appeals from a judgment of the Supreme Court of the
27 District of Columbia, sustaining a plea in abatement and quashing an indictment, upon the ground that one of
28 the members of the grand jury which returned the indictment was disqualified by law.
29 The indictment in question was returned on March 9, 1921. It charged the defendants therein, now the appellees,
30 with a conspiracy in restraint of trade and commerce in coal in the District of Columbia. On May 16, 1921, the
31 defendants filed a plea in abatement, alleging and contending that one George H. Van Kirk had served as a
32 member of the grand jury in the finding of the indictment, whereas at that time he was a paid employee of the
33 United States, and consequently was not competent or qualified to act as a grand juror in the case. The defendants
34 averred that they had not learned of these facts until four days before the filing of the plea, and that they thereupon
35 presented it as speedily as could be. The government filed a replication denying these allegations, and issue was
36 joined, whereupon the court sustained the plea, quashed the indictment, and discharged the defendants. From
37 that order the government has appealed.
38 It appears without dispute that for some years prior to July 28, 1920, the grand juror in question was a resident
39 of the District of Columbia, and was employed at an annual salary as a stenographer, typist, and clerk in the War
40 Department of the United States; that on the day named, because of disabilities, he filed with the United States
41 Employees’ Compensation Commission an application for disability compensation, under the act of Congress
42 entitled “An act to provide compensation for employees of the United States suffering injuries while in the
43 performance of their duties, and for other purposes,” approved September 7, 1916 (39 Statutes at Large, 742, c.
44 458 [Comp. St. §§ 8932a - 8932uu]); that on October 22, 1920, the commission awarded him disability
45 compensation at the rate of $66.67 per month, being a rate based upon the salary which he was receiving at the
46 time of his disability; and that he was carried at that rate upon the United States employees’ disability rolls at
47 and during the time of his service as grand juror in this case.
48 [1.] The act aforesaid provides that the United States shall pay compensation for the disability of an employee
49 resulting from a personal injury sustained while in the performance of duty; that the amount thereof shall be
50 adjusted by the commission according to the monthly pay of the employee; that the commission may, from time
51 to time, require a partially disabled employee to report the wages he is then receiving, and if he refuses to seek
7 It thus appears that at the time in question the government was paying the juror a monthly stipend as employee’s
8 compensation, reserving the authority to control his conduct in certain particulars, and with power to increase,
9 diminish, or terminate the compensation at discretion. In our opinion that relationship, whatever be the technical
10 name which may most narrowly describe it, did in effect constitute the juror an employee of the United States
11 within the sense in which that term is here used.
12 [2] The next question is whether an employee of the government is disqualified under the law to serve as a juror
13 in the District of Columbia. The following sections of the District Code relate to this question, to wit:
14 “Sec. 215. Qualifications. - No person shall be competent to act as a juror unless he be a citizen of the United
15 States, a resident of the District of Columbia, over twenty-one and under sixty-five years of age, able to read and
16 write and to understand the English language, and a good and lawful man, who has never been convicted of a
17 felony or a misdemeanor involving moral turpitude.”
18 “Sec. 217. All executive and judicial officers, salaried officers of the government of the United States and of the
19 District of Columbia and those connected with the police or fire departments, counselors and attorneys at law in
20 actual practice, ministers of the gospel and clergymen of every denomination, practicing physicians and surgeons,
21 keepers of hospitals, asylums, alms-houses, or other charitable institutions created by or under the laws relating
22 to the District, captains and masters and other persons employed on vessels navigating the waters of the District
23 shall be exempt from jury duty, and their names shall not be placed on the jury lists.”
24 In Crawford v. United States, 212 U.S. 183, 195, 29 S.Ct. 260, 267 (53 L.Ed. 465, 15 Ann.Cas. 392) an accused
25 had been convicted of a crime in the District of Columbia by a petit jury one member of which was at the time a
26 United States postal employee. The accused had challenged the juror for that cause, but the challenge was
27 overruled upon the ground that sections 215 and 217, supra, did not include such relationship within the list of
28 disqualifications. The Supreme Court however held that under the common law of the District independently of
29 those enactments, “one is not a competent juror on a case if he is master, servant, stewart, counsellor or attorney
30 of either party.” Accordingly the conviction was reversed. The following extract is taken from the opinion in that
31 case, written by Mr. Justice Peckham:
32 “We do not think that section 215 of the Code of the District includes the whole subject of the qualifications of
33 jurors in that District. If that section, together with section 217, were alone to be considered, it might be that the
34 juror was qualified. But, by the common law, a further qualification exists. If that law remains in force in this
35 regard in this District a different decision is called for from that made in this case. The common law in force in
36 Maryland, February 27, 1801, remains in force here, except as the same may be inconsistent with or replaced by
37 some provision of the Code for the District, Code, § 1, c. 1, p. 5. It has not been contended that the common law
38 upon the subject of jurors was not in force in Maryland at the above-named date, or that it did not remain in force
39 here, at least up to the time of the passage of the Code. Jurors must at least have the qualifications mentioned in
40 section 215, but that section does not, in our opinion, so far alter the common law upon the subject as to exclude
41 its rule that one is not a competent juror in a case if he is master, servant, steward, counsellor or attorney of
42 either party. In such case a juror may be challenged for principal cause as an absolute disqualification of the
43 juror. 3 Blackstone (Cooley’s 4th Ed.) p. 363; Block v. State, 100 Indiana, 357, 362. * * * This rule applies as
44 well to criminal as to civil cases.”
45 The foregoing decision is authority for the conclusion that a United States employee is not qualified to serve
46 as a member of the petit jury in the trial of a criminal case in the District of Columbia, and that a challenge
47 seasonably made by the accused upon that ground should be sustained. See also, Miller v. United States, 38
48 App. D.C. 36.
49 [3] The question next arises whether such an employee is likewise disqualified from serving as a grand juror in
50 the District, and whether an accused may present his objections to such a juror by a plea in abatement. In answer
51 to this we may say that in general the term “juror” is held to include alike both petit and grand jurors, and that
52 objections to the qualifications of grand jurors, under circumstances such as these may be made by a plea in
53 abatement. Spencer v. United States, 169 F. 562 565, 95 C. C. A. 60; Williams v. United States (C. C. A.), 275 F.
54 129, 131; Clawson v. United States, 114 U.S. 477, 483, 5 S.Ct. 919, 29 L.Ed. 179; Agnew v. United States. 165
55 U.S. 35, 44, 17 S.Ct. 235, 41 L.Ed. 624; Crowley v. United States, 194 U.S. 461, 24 S.Ct. 731, 48 L.Ed. 1075.
56 In Clawson v. United States, supra, a case arising in the then territory of Utah, the Supreme Court considered
57 section 5 of the Act of Congress of March 22, 1882, 22 Stat. 30 (Comp. St. § 1265), which provides “that in any
58 prosecution for bigamy, polygamy, or unlawful cohabitation, under any statute of the United States, it shall be
59 sufficient cause of challenge to any person drawn or summoned as a juryman or talesman, * * * that he believes
60 it right for a man to have more than one living and undivorced wife at the same time.” It was held that the terms
3 “It is also urged that § 5 does not apply to grand jurors. The language is, ‘any person drawn or summoned as a
4 juryman or talesman’—’any person appearing or offered as a juror or talesman.’ In view of the fact that by
5 section 4 of the Act of June 23, 1874, both grand jurors and petit jurors are to be drawn from the box containing
6 the two hundred names, and are to be summoned under venires, and are to constitute the regular grand and petit
7 juries for the term, and of the further fact that the, persons to be challenged and excluded are persons not likely
8 to find indictments for the offenses named in section 5, we cannot doubt that the words ‘juryman’ and ‘juror’
9 include a grand juror as well as a petit juror. There is as much ground for holding that it includes the former
10 alone, as the latter alone, if it is to include but one. It must, include one at least, and we think it includes both.
11 The purpose and reason of the section include the grand juror; and there is nothing in the language repugnant
12 to such view. The use of the words ‘drawn or summoned as a juryman or talesman,’ and of the words ‘appearing
13 or offered as a juror or talesman,’ does not have the effect of confining the meaning of ‘juror’ to ‘petit juror,’ on
14 the view that the ordinary meaning of ‘talesman’ refers to a petit juror. A grand juror is a juryman and a juror,
15 and is drawn and summoned, and it might well have been thought wisest to mention a ‘tales-man’ specifically,
16 lest the words ‘juryman’ and ‘juror’ might be supposed not to include him.”
17 It may be noted that sections 198, 199, 203, 204, 215, 216, and 217 of the District Code, providing for the drawing
18 and selection of “jurors” all apply alike to grand and petit jurors. In Crowley v. United States, supra, it was held
19 by the Supreme Court that an objection by plea in abatement, before the arraignment of the accused, to an
20 indictment on the ground that some of the grand jurors were disqualified by law, was in due time, and was made
21 in a proper way, and also that the disqualification of a grand juror prescribed by statute is a matter of substance,
22 which cannot be regarded as a mere defect or imperfection, within the meaning of section 1025, Rev. Stat. (Comp.
23 St. § 1691). The latter statement likewise applies to a disqualification like this under the common law.
24 In our opinion, therefore, the trial court rightly sustained the plea in abatement, and its judgment is affirmed.
25 9. Taxes collected are used ONLY for the support of government and not private citizens. This means that taxes may not
26 be used to pay “benefits” to private citizens, nor may benefit programs be used as a way to make private citizens into
27 public officers or employees and thereby destroy the separation of powers between what is public and what is private.
28 To lay, with one hand, the power of the government on the property of the citizen, and with the other to bestow
29 it upon favored individuals to aid private enterprises and build up private fortunes, is none the less a robbery
30 because it is done under the forms of law and is called taxation. This is not legislation. It is a decree under
31 legislative forms.
32 Nor is it taxation. ‘A tax,’ says Webster’s Dictionary, ‘is a rate or sum of money assessed on the person or
33 property of a citizen by government for the use of the nation or State.’ ‘Taxes are burdens or charges imposed
34 by the Legislature upon persons or property to raise money for public purposes.’ Cooley, Const. Lim., 479.
35 Coulter, J., in Northern Liberties v. St. John’s Church, 13 Pa.St. 104 says, very forcibly, ‘I think the common
36 mind has everywhere taken in the understanding that taxes are a public imposition, levied by authority of the
37 government for the purposes of carrying on the government in all its machinery and operations—that they are
38 imposed for a public purpose.’ See, also Pray v. Northern Liberties, 31 Pa.St. 69; Matter of Mayor of N.Y., 11
39 Johns., 77; Camden v. Allen, 2 Dutch., 398; Sharpless v. Mayor, supra; Hanson v. Vernon, 27 Ia., 47; Whiting v.
40 Fond du Lac, supra.”
41 [Loan Association v. Topeka, 20 Wall. 655 (1874)]
42 10. The People individually and not collectively are the “sovereigns” and the “state”, and not their rulers or the government
43 who serves them.
44 “State. A people permanently occupying a fixed territory bound together by common-law habits and custom
45 into one body politic exercising, through the medium of an organized government, independent sovereignty and
46 control over all persons and things within its boundaries, capable of making war and peace and of entering into
47 international relations with other communities of the globe. United States v. Kusche, D.C.Cal., 56 F.Supp. 201
48 207, 208. The organization of social life which exercises sovereign power in behalf of the people. Delany v.
49 Moralitis, C.C.A.Md., 136 F.2d. 129, 130. In its largest sense, a “state” is a body politic or a society of men.
50 Beagle v. Motor Vehicle Acc. Indemnification Corp., 44 Misc.2d. 636, 254 N.Y.S.2d. 763, 765. A body of people
51 occupying a definite territory and politically organized under one government. State ex re. Maisano v. Mitchell,
52 155 Conn. 256, 231 A.2d. 539, 542. A territorial unit with a distinct general body of law. Restatement, Second,
53 Conflicts, §3. Term may refer either to body politic of a nation (e.g. United States) or to an individual government
54 unit of such nation (e.g. California).
55 […]
4 __________________________________________________________________________________
5 "The sovereignty of a state does not reside in the persons who fill the different departments of its government, but
6 in the People, from whom the government emanated; and they may change it at their discretion. Sovereignty, then
7 in this country, abides with the constituency, and not with the agent; and this remark is true, both in reference to
8 the federal and state government."
9 [Spooner v. McConnell, 22 F. 939, 943]
10 __________________________________________________________________________________
11 "There is no such thing as a power of inherent sovereignty in the government of the United States .... In this
12 country sovereignty resides in the people, and Congress can exercise no power which they have not, by their
13 Constitution entrusted to it: All else is withheld."
14 [Juilliard v. Greenman, 110 U.S. 421 (1884)]
16 Governments are formed EXCLUSIVELY to protect PRIVATE rights and PRIVATE property. When such
17 governments become corrupt and want to STEAL from the people they are supposed to be protecting, they
18 surreptitiously convert ALL PRIVATE rights and PRIVATE property into PUBLIC property using deception,
19 unconstitutional presumption, and words of art. Once they have accomplished that conversion, they procure the
20 right to tax the property and extract anything they want from it. Hence, corrupted governments conduct a WAR
21 on PRIVATE rights and PRIVATE property, meaning they set out to do the OPPOSITE purpose for which they
22 were created. The U.S. Supreme Court identified the battle line of this war when they ruled on Congress’ first
23 attempt to institute a national income tax and declared it unconstitutional:
24 “The present assault upon [PRIVATE] capital is but the beginning. It will be but the stepping stone to others
25 larger and more sweeping, until our political contest will become war of the poor against the rich; a war of
26 growing intensity and bitterness.”
27 [Pollock v. Farmers’ Loan & Trust Co., 157 U.S. 429, 158 U.S. 601 (1895).]
28 The “assault on capital” described above is really just an assault on PRIVATE capital by converting it to PUBLIC
29 OFFICES and PUBLIC FRANCHISES without the consent of the owner. We allege that ANYTHING that
30 converts PRIVATE property or PRIVATE rights into PUBLIC rights or PUBLIC OFFICES, or franchises
31 accomplishes a purpose OPPOSITE that for which governments are created and hence, constitutes PRIVATE
32 business activity that cannot and should not be protected with sovereign immunity. Even if it is attempted by a
33 government officer acting under the “color of law”, it is STILL not “government activity” that can be protected
34 by sovereign immunity, but is mere PRIVATE business activity that operates at the same level as ANY OTHER
35 business must as a matter of equity.
36 See also Clearfield Trust Co. v. United States, 318 U.S. 363, 369 (1943) ("`The United States does business on
37 business terms'") (quoting United States v. National Exchange Bank of Baltimore, 270 U.S. 527, 534 (1926));
38 Perry v. United States, supra at 352 (1935) ("When the United States, with constitutional authority, makes
39 contracts, it has rights and incurs responsibilities similar to those of individuals who are parties to such
40 instruments. There is no difference . . . except that the United States cannot be sued without its consent")
41 (citation omitted); United States v. Bostwick, 94 U.S. 53, 66 (1877) ("The United States, when they contract with
42 their citizens, are controlled by the same laws that govern the citizen in that behalf"); Cooke v. United States,
43 91 U.S. 389, 398 (1875) (explaining that when the United States "comes down from its position of sovereignty,
44 and enters the domain of commerce, it submits itself to the same laws that govern individuals there").
45 See Jones, 1 Cl.Ct. at 85 ("Wherever the public and private acts of the government seem to commingle, a citizen
46 or corporate body must by supposition be substituted in its place, and then the question be determined whether
47 the action will lie against the supposed defendant"); O'Neill v. United States, 231 Ct.Cl. 823, 826 (1982)
48 (sovereign acts doctrine applies where, "[w]ere [the] contracts exclusively between private parties, the party hurt
49 by such governing action could not claim compensation from the other party for the governing action"). The
50 dissent ignores these statements (including the statement from Jones, from which case Horowitz drew its
51 reasoning literally verbatim), when it says, post at 931, that the sovereign acts cases do not emphasize the need
52 to treat the government-as-contractor the same as a private party.
2 Based on the above, we can see that when one or more of the following occurs, we are no longer dealing with a
3 “government”, but rather a private corporation and franchise or “employer” in which a “citizen” is really just an
4 “employee” of the private pseudo-government corporation who has no choice but to do exactly and only what
5 they are commanded to do through corporate policy disguised to “look” like public law but which in actuality is
6 just special law or private law that is part of their employment agreement:
7 1. Taxing Power Abused to pay “benefits” to Private Citizens. It has always been a violation of the constitution to pay
8 public monies to otherwise private citizens. This constraint is avoided by making EVERYONE into a statutory rather
9 than constitutional citizen and defining such citizen as a public officer and/or statutory “employee” within the
10 government. Such “benefits” include such things as Social Security, Medicare, etc. See:
The Government “Benefits” Scam, Form #05.040
http://sedm.org/Forms/FormIndex.htm
11 2. Consent of the governed: Government refuses to acknowledge the requirement for consent of the governed. For instance:
12 2.1. They do a tax assessment without respecting the requirement for consent to the assessment mandated by 26 U.S.C.
13 §6020(b). See:
Why the Government Can't Lawfully Assess Human Beings With an Income Tax Liability Without Their Consent,
Form #05.011
http://sedm.org/Forms/FormIndex.htm
14 2.2. Courts and administrative bodies refuse to meet the burden of proof as the moving party to demonstrate proof of
15 consent in writing to the franchise agreement, such as I.R.C. Subtitles A and C BEFORE they attempt enforcement
16 actions.
17 3. Requirement for EXPRESS CONSENT and INTENT ignored or interfered with in becoming a statutory “citizen” or
18 “resident”. Domicile requires the coincidence of physical presence within the territory of the sovereign and an intention
19 to join the political community that it is a part of. However, tyrants and dictators who rule by force and fraud disregard
20 the intention requirement. If you have an “address” or physical presence on their territory, the government “presumes”
21 that fact alone constitutes consent to become a “citizen”, “resident”, or “inhabitant”, thus ignoring the consent and intent
22 portion of the domicile requirement. This has the practical effect of turning a republic consisting mainly of private
23 property into a monarchy, where everything is public property because the king owns all the land and everyone is nothing
24 more than a tenant subject to his whim and pleasure by divine right. British subjects can’t even expatriate from their
25 country without permission of the king or queen in fact. They in effect are chattel property of the monarch. If you would
26 like to see how much land the monarch of England owns, it currently stands at 6 Billion acres. God says that "all the
27 earth is mine" (Exodus 19:5)...and the queen of England retorts..."except for the 6 billion 600 million acres I own which
28 is 1/6th of the non-ocean surface of the earth.". For proof, see:
Who Owns the World
http://www.whoownstheworld.com/about-the-book/largest-landowner/?ref=patrick.net
29 4. Protection of private rights: Government refuses to acknowledge the protections of the Constitution for your private
30 rights. For instance:
31 4.1. They make the false and self-serving presumption that everyone they interact with in the public is a public officer
32 in the government and a franchisee called a “taxpayer” (26 U.S.C. §7701(a)(14)) or statutory but not constitutional
33 “U.S. citizen” (8 U.S.C. §1401)
34 4.2. They refuse to prosecute those who compel others to use government identifying numbers, thus forcing those so
35 compelled to donate formerly private property to a public use, a public purpose, and a public office.
36 4.3. They refuse to recognize the existence of “nontaxpayers” or defend their private rights. For instance, enforcing the
37 Anti-Injunction Act, 26 U.S.C. §7421 to prevent private parties injured by zealous tax collectors from having their
38 private property seized because they are the victim of FALSE information return reports that the IRS refuses to
39 correct.
40 4.4. They refuse to correct false information returns filed by third parties against those who are non-taxpayers, thus
41 compelling private people to involuntarily assume the duties of a public office in the government. They also refuse
42 to prosecute the filers of these false reports. See:
Correcting Erroneous Information Returns, Form #04.001
http://sedm.org/Forms/FormIndex.htm
43 5. Unalienable rights: Government sets up a franchise or a business whose purpose essentially is to bribe or entice people
44 to give up constitutionally protected rights. In modern day terms, that business is called a “franchise”. See section 13.6
45 later.
6 6. Equal protection: Government provides unequal protection or unequal benefit to those within its jurisdiction. For
7 instance:
8 6.1. Government imputes to itself sovereign immunity and the requirement to prove ITS consent when civilly sued, but
9 does not enforce the same EQUAL requirement when IT tries to enforce a civil obligation against a citizen.
10 6.2. Government allows otherwise PRIVATE Americans to be effectively elected into public office with FALSE
11 information return reports and without their consent but refuses to allow its own workers or itself to be elected into
12 servitude of anyone else.
13 6.3. One group of people pays a different percentage tax rate or amount than another or receives a different benefit in
14 exchange for the same amount of money paid in.
15 6.4. Franchises are abused to make FRANCHISEES inferior to the government grantor.
16 7. Franchises are abused to destroy CONSTITUTIONAL remedies and force people into an administrative franchise court
17 instead. The main abuse is offering or enforcing them to those domiciled OUTSIDE of federal territory and the
18 EXCLUSIVE jurisdiction of Congress.
20 (1) That the United States, when it creates rights in individuals against itself [a "public right", which is a
21 euphemism for a "franchise" to help the court disguise the nature of the transaction], is under no obligation to
22 provide a remedy through the courts. United States ex rel. Dunlap v. Black, 128 U.S. 40, 9 Sup.Ct. 12, 32 L.Ed.
23 354; Ex parte Atocha, 17 Wall. 439, 21 L.Ed. 696; Gordon v. United States, 7 Wall. 188, 195, 19 L.Ed. 35; De
24 Groot v. United States, 5 Wall. 419, 431, 433, 18 L.Ed. 700; Comegys v. Vasse, 1 Pet. 193, 212, 7 L.Ed. 108.
25 (2) That where a statute creates a right and provides a special remedy, that remedy is exclusive. Wilder
26 Manufacturing Co. v. Corn Products Co., 236 U.S. 165, 174, 175, 35 Sup.Ct. 398, 59 L.Ed. 520, Ann.Cas. 1916A,
27 118; Arnson v. Murphy, 109 U.S. 238, 3 Sup.Ct. 184, 27 L.Ed. 920; Barnet v. National Bank, 98 U.S. 555, 558,
28 25 L.Ed. 212; Farmers’ & Mechanics’ National Bank v. Dearing, 91 U.S. 29, 35, 23 L.Ed. 196. Still the fact that
29 the right and the remedy are thus intertwined might not, if the provision stood alone, require us to hold that the
30 remedy expressly given excludes a right of review by the Court of Claims, where the decision of the special
31 tribunal involved no disputed question of fact and the denial of compensation was rested wholly upon the
32 construction of the act. See Medbury v. United States, 173 U.S. 492, 198, 19 Sup.Ct. 503, 43 L.Ed. 779; Parish v.
33 MacVeagh, 214 U.S. 124, 29 Sup.Ct. 556, 53 L.Ed. 936; McLean v. United States, 226 U.S. 374, 33 Sup.Ct. 122,
34 57 L.Ed. 260; United States v. Laughlin (No. 200), 249 U.S. 440, 39 Sup.Ct. 340, 63 L.Ed. 696, decided April 14,
35 1919."
36 [U.S. v. Babcock, 250 U.S. 328, 39 S.Ct. 464 (1919)]
3 SEC. 7. A person holding a lucrative office under the United States or other power may not hold a civil office
4 of profit [within the state government]. A local officer or postmaster whose compensation does not exceed 500
5 dollars per year or an officer in the militia or a member of a reserve component of the armed forces of the United
6 States except where on active federal duty for more than 30 days in any year is not a holder of a lucrative office,
7 nor is the holding of a civil office of profit affected by this military service.
8 9.3. Everyone who participates as a jurist or voter in any proceeding involving taxation and who is a recipient of federal
9 “benefits” is committing a crime by having a conflict of interest in violation of:
10 9.3.1. 18 U.S.C. §208 in the case of statutory but not constitutional “citizens” and “taxpayers”.
11 9.3.2. 28 U.S.C. §144, and 28 U.S.C. §455 in the case of judges.
12 9.3.3. 18 U.S.C. §201: Bribery of public officials and witnesses. All jurists and all “taxpayers” are public officers
13 in the government and receipt of federal “benefits” bribes them to perpetuate the “benefit” when taxes are at
14 issue.
15 9.4. If you try to participate as a jurist or voter as a constitutional but not statutory citizen, the registrar of voters and the
16 jury commissioner will expel you and refuse to address the legal evidence proving that he or she is committing a
17 FRAUD upon the public by preventing REAL constitutional but not statutory citizens from participating.
18 Consequently, any tax imposed upon constitutional citizens is taxation without representation. We have watched
19 this process firsthand. See:
Jury Summons Response Attachment, Form #06.015
http://sedm.org/Forms/FormIndex.htm
20 10. An enterprise or portion of the government is not a “body politic”, but only a “body corporate”. For instance, the “District
21 of Columbia” is a “body corporate”, but NOT a “body politic”, as you will learn later in section 14.4, which means it is
22 not part of the government, but a private corporation. Yet, sovereign immunity is abused by the corrupt corporate courts
23 to protect the activities of this private corporation.
24 11. Practicing federal attorneys take an oath to the wrong sovereign. Their oath ought to be to the people and the “State”
25 they serve, but instead is to the government. The two are not the same. See:
Petition for Admission to Practice, Family Guardian Fellowship
http://famguardian.org/Subjects/LawAndGovt/LegalEthics/PetForAdmToPractice-USDC.pdf
26 12. “Words of Art” are abused to illegally expand definitions in such a way that PRIVATE rights and PRIVATE party
27 unlawfully become the subject of any government enforcement authority. This kind of abuse is very commonly done
28 with definitions in the Internal Revenue Code. The following document explains and proves this kind of abuse:
Legal Deception, Propaganda, and Fraud, Form #05.014
http://sedm.org/Forms/FormIndex.htm
29 13. All powers are derived or delegated directly from the people: Government arrogates authority to itself that it denies to
30 others and thereby becomes the equivalent of a pagan deity and an object of idol worship.
31 14. Government dispenses with one or more of the three elements needed to make it valid: People, Laws, and Territory. For
32 instance, if the government tries to setup a “virtual state” using territory borrowed from another government that is not
33 its own, then it can no longer be called a government. This, in fact, is exactly how state income taxes function. State
34 income taxes presume a domicile on federal territory borrowed from the federal government. State income taxes are
35 imposed under the authority of the Buck Act of 1940 and the Public Salary Tax Act of 1939, which are codified at 4
36 U.S.C. §106 and 5 U.S.C. §5517. See:
State Income Taxes, Form #05.031
http://sedm.org/Forms/FormIndex.htm
37 Next, we will provide a tabular comparison of a de jure government and a de facto private corporation to synthesize
38 all the points in the previous subsections into one place:
39
4 1. Acting in its sovereign capacity as a “government” and thereby entitled to sovereign immunity.
5 2. Acting in its private capacity essentially as a corporation in equity.
6 The U.S. Supreme Court has defined what it calls the “Sovereign Acts Doctrine” as a means to determine which
7 of the above two capacities apply in any given situation. Understanding this doctrine is important, because it
8 helps to indirectly answer whether the government is acting as a private corporation, or a de jure government.
9 To start our analysis, we provide key cases on the subject that help explain the doctrine:
10 1. The preceding section made reference to the case of United States v. Winstar Corp., 518 U.S. 839 (1996) .
11 See also Clearfield Trust Co. v. United States, 318 U.S. 363, 369 (1943) ("`The United States does business on
12 business terms'") (quoting United States v. National Exchange Bank of Baltimore, 270 U.S. 527, 534 (1926));
13 Perry v. United States, supra at 352 (1935) ("When the United States, with constitutional authority, makes
14 contracts, it has rights and incurs responsibilities similar to those of individuals who are parties to such
15 instruments. There is no difference . . . except that the United States cannot be sued without its consent")
16 (citation omitted); United States v. Bostwick, 94 U.S. 53, 66 (1877) ("The United States, when they contract with
17 their citizens, are controlled by the same laws that govern the citizen in that behalf"); Cooke v. United States,
18 91 U.S. 389, 398 (1875) (explaining that when the United States "comes down from its position of sovereignty,
19 and enters the domain of commerce, it submits itself to the same laws that govern individuals there").
20 See Jones, 1 Cl.Ct. at 85 ("Wherever the public and private acts of the government seem to commingle, a citizen
21 or corporate body must by supposition be substituted in its place, and then the question be determined whether
22 the action will lie against the supposed defendant"); O'Neill v. United States, 231 Ct.Cl. 823, 826 (1982)
23 (sovereign acts doctrine applies where, "[w]ere [the] contracts exclusively between private parties, the party hurt
Corporatization and Privatization of the Government 132 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 by such governing action could not claim compensation from the other party for the governing action"). The
2 dissent ignores these statements (including the statement from Jones, from which case Horowitz drew its
3 reasoning literally verbatim), when it says, post at 931, that the sovereign acts cases do not emphasize the need
4 to treat the government-as-contractor the same as a private party.
5 [United States v. Winstar Corp., 518 U.S. 839 (1996) ]
6 2. U.S. v. Winstar Corp., 518 U.S. 839, 116 S.Ct. 2432, 135 L.Ed.2d 964 (1996)
7 The Government's final line of defense is the sovereign acts doctrine, to the effect that "`[w]hatever acts the
8 government may do, be they legislative or executive, so long as they be public and general, cannot be deemed
9 specially to alter, modify, obstruct or violate the particular contracts into which it enters with private persons.'"
10 Horowitz v. United States, 267 U.S., at 461 (quoting Jones v. United States, 1 Ct.Cl. 383, 384 (1865)). Because
11 FIRREA's alteration of the regulatory capital requirements was a "public and general act," the Government says,
12 that act could not amount to a breach of the Government's contract with respondents.
13 The Government's position cannot prevail, however, for two independent reasons. The facts of this case do not
14 warrant application of the doctrine, and even if that were otherwise the doctrine would not suffice to excuse
15 liability under this governmental contract allocating risks of regulatory change in a highly regulated industry.
16 In Horowitz, the plaintiff sued to recover damages for breach of a contract to purchase silk from the Ordnance
17 Department. The agreement included a promise by the Department to ship the silk within a certain time, although
18 the manner of shipment does not appear to have been a subject of the contract. Shipment was delayed because
19 the United States Railroad Administration placed an embargo on shipments of silk by freight, and by the time the
20 silk reached Horowitz the price had fallen, rendering the deal unprofitable. This Court barred any damages
21 award for the delay, noting that "[i]t has long been held by the Court of Claims that the United States when sued
22 as a contractor cannot be held liable for an obstruction to the performance of the particular contract resulting
23 from its public and general acts as a sovereign." 267 U. S., at 461. This statement was not, however, meant to be
24 read as broadly as the Government urges, and the key to its proper scope is found in that portion of our opinion
25 explaining that the essential point was to put the Government in the same position that it would have enjoyed as
26 a private contractor:
27 "`The two characters which the government possesses as a contractor and as a sovereign cannot be thus fused;
28 nor can the United States while sued in the one character be made liable in damages for their acts done in the
29 other. Whatever acts the government may do, be they legislative or executive, so long as they be public and
30 general, cannot be deemed specially to alter, modify, obstruct or violate the particular contracts into which it
31 enters with private persons. . . . In this court the United States appear simply as contractors; and they are to be
32 held liable only within the same limits that any other defendant would be in any other court. Though their
33 sovereign acts performed for the general good may work injury to some private contractors, such parties gain
34 nothing by having the United States as their defendants.'" Ibid. (quoting Jones v. United States, supra, at 384).
35 The early Court of Claims cases upon which Horowitz relied anticipated the Court's emphasis on the
36 Government's dual and distinguishable capacities and on the need to treat the government-as-contractor the
37 same as a private party. In Deming v. United States, 1 Ct.Cl. 190 (1865), the Court of Claims rejected a suit by
38 a supplier of army rations whose costs increased as a result of Congress's passage of the Legal Tender Act. The
39 Deming court thought it "grave error" to suppose that "general enactments of Congress are to be construed as
40 evasions of [the plaintiff's] particular contract." Id., at 191. "The United States as a contractor are not
41 responsible for the United States as a lawgiver," the court said. "In this court the United States can be held to
42 no greater liability than other contractors in other courts." Ibid. Similarly, Jones v. United States, supra refused
43 a suit by surveyors employed by the Commissioner of Indian Affairs, whose performance had been hindered by
44 the United States's withdrawal of troops from Indian country. "The United States as a contractor," the Claims
45 Court concluded, "cannot be held liable directly or indirectly for the public acts of the United States as a
46 sovereign." Id., at 385.
47 The Government argues that "[t]he relevant question [under these cases] is whether the impact [of governmental
48 action] . . . is caused by a law enacted to govern regulatory policy and to advance the general welfare." Brief for
49 United States 45. This understanding assumes that the dual characters of Government as contractor and
50 legislator are never "fused" (within the meaning of Horowitz) so long as the object of the statute is regulatory
51 and meant to accomplish some public good. That is, on the Government's reading, a regulatory object is proof
52 against treating the legislature as having acted to avoid the Government's contractual obligations, in which event
53 the sovereign acts defense would not be applicable. But the Government's position is open to serious objection.
54 As an initial matter, we have already expressed our doubt that a workable line can be drawn between the
55 Government's "regulatory" and "nonregulatory" capacities. In the present case, the Government chose to
56 regulate capital reserves to protect FSLIC's insurance fund, much as any insurer might impose restrictions on an
57 insured as a condition of the policy. The regulation thus protected the Government in its capacity analogous to a
58 private insurer, the same capacity in which it entered into supervisory merger agreements to convert some of its
59 financial insurance obligations into responsibilities of private entrepreneurs. In this respect, the supervisory
60 mergers bear some analogy to private contracts for reinsurance. 37 On the other hand, there is no question that
61 thrift regulation is, in fact, regulation, and that both the supervisory mergers of the 1980's and the subsequent
5 An even more serious objection is that allowing the Government to avoid contractual liability merely by passing
6 any "regulatory statute," would flaunt the general principle that, "[w]hen the United States enters into contract
7 relations, its rights and duties therein are governed generally by the law applicable to contracts between private
8 individuals." Lynch v. United States, 292 U. S., at 579.34 Careful attention to the cases shows that the sovereign
9 acts doctrine was meant to serve this principle, not undermine it. In Horowitz, for example, if the defendant had
10 been a private shipper, it would have been entitled to assert the common-law defense of impossibility of
11 performance against Horowitz's claim for breach. Although that defense is traditionally unavailable where the
12 barrier to performance arises from the act of the party seeking discharge, see Restatement (Second) of Contracts
13 Section(s) 261; 2 E. Farnsworth, Farnsworth on Contracts Section(s) 9.6, p. 551 (1990); cf. W. R. Grace & Co.
14 v. Rubber Workers, 461 U.S. 757, 767-768, n. 10 (1983), Horowitz held that the "public and general" acts of the
15 sovereign are not attributable to the Government as contractor so as to bar the Government's right to discharge.
16 The sovereign acts doctrine thus balances the Government's need for freedom to legislate with its obligation to
17 honor its contracts by asking whether the sovereign act is properly attributable to the Government as contractor.
18 If the answer is no, the Government's defense to liability depends on the answer to the further question, whether
19 that act would otherwise release the Government from liability under ordinary principles of contract law. 40
20 Neither question can be answered in the Government's favor here.
21 If the Government is to be treated like other contractors, some line has to be drawn in situations like the one
22 before us between regulatory legislation that is relatively free of government self-interest and therefore
23 cognizable for the purpose of a legal impossibility defense and, on the other hand, statutes tainted by a
24 governmental object of self-relief. Such an object is not necessarily inconsistent with a public purpose, of course,
25 and when we speak of governmental "self-interest," we simply mean to identify instances in which the Government
26 seeks to shift the costs of meeting its legitimate public responsibilities to private parties. Cf. Armstrong v. United
27 States, 364 U.S., at 49 (The Government may not "forc[e] some people alone to bear public burdens which . . .
28 should be borne by the public as a whole"). Hence, while the Government might legitimately conclude that a
29 given contractual commitment was no longer in the public interest, a government seeking relief from such
30 commitments through legislation would obviously not be in a position comparable to that of the private contractor
31 who willy-nilly was barred by law from performance. There would be, then, good reason in such circumstance to
32 find the regulatory and contractual characters of the Government fused together, in Horowitz's terms, so that the
33 Government should not have the benefit of the defense. 35
34 Horowitz's criterion of "public and general act" thus reflects the traditional "rule of law" assumption that
35 generality in the terms by which the use of power is authorized will tend to guard against its misuse to burden or
36 benefit the few unjustifiably. 36 See, e.g., Hurtado v. California, 110 U.S. 516, 535-536 (1884) ("Law . . . must be
37 not a special rule for a particular person or a particular case, but . . . `[t]he general law . . .' so `that every citizen
38 shall hold his life, liberty, property and immunities under the protection of the general rules which govern
39 society'") (citation omitted).37 Hence, governmental action will not be held against the Government for purposes
33
Moreover, if the dissent were correct that the sovereign acts doctrine permits the Government to abrogate its contractual commitments in "regulatory"
cases even where it simply sought to avoid contracts it had come to regret, then the Government's sovereign contracting power would be of very little use in
this broad sphere of public activity. We rejected a virtually identical argument in Perry v. United States, 294 U.S. 330 (1935), in which Congress had passed
a resolution regulating the payment of obligations in gold. We held that the law could not be applied to the Government's own obligations, noting that "the
right to make binding obligations is a competence attaching to sovereignty." Id., at 353.
34
See also Clearfield Trust Co. v. United States, 318 U.S. 363, 369 (1943) ("`The United States does business on business terms'") (quoting United States
v. National Exchange Bank of Baltimore, 270 U.S. 527, 534 (1926)); Perry v. United States, supra, at 352 (1935) ("When the United States, with
constitutional authority, makes contracts, it has rights and incurs responsibilities similar to those of individuals who are parties to such instruments. There is
no difference . . . except that the United States cannot be sued without its consent") (citation omitted); United States v. Bostwick, 94 U.S. 53, 66 (1877)
("The United States, when they contract with their citizens, are controlled by the same laws that govern the citizen in that behalf"); Cooke v. United States,
91 U.S. 389, 398 (1875) (explaining that when the United States "comes down from its position of sovereignty, and enters the domain of commerce, it
submits itself to the same laws that govern individuals there").
35
Our Contract Clause cases have demonstrated a similar concern with governmental self-interest by recognizing that "complete deference to a legislative
assessment of reasonableness and necessity is not appropriate because the State's self-interest is at stake." United States Trust Co. of N. Y. v. New Jersey,
431 U.S. 1, 26 (1977); see also Energy Reserves Group, Inc. v. Kansas Power & Light Co., 459 U.S. 400, 412-413, and n. 14 (1983) (noting that a stricter
level of scrutiny applies under the Contract Clause when a State alters its own contractual obligations); cf. Perry, supra, at 350-351 (drawing a "clear
distinction" between Congress's power over private contracts and "the power of the Congress to alter or repudiate the substance of its own engagements").
36
The generality requirement will almost always be met where, as in Deming, the governmental action "bears upon [the government's contract] as it bears
upon all similar contracts between citizens." Deming v. United States, 1 Ct.Cl. 190, 191 (1865). Deming is less helpful, however, in cases where, as here,
the public contracts at issue have no obvious private analogs.
37
The dissent accuses us of transplanting this due process principle into alien soil, see post, at 9. But this Court did not even wait until the term following
Hurtado before applying its principle of generality to a case that, like this one, involved the deprivation of property rights. See Hagar v. Reclamation Dist.
No. 108, 111 U.S. 701, 708 (1884). More importantly, it would be surprising indeed if the sovereign acts doctrine, resting on the inherent nature of
sovereignty, were not shaped by fundamental principles about how sovereigns ought to behave.
11 The dissent would adopt a different rule that the Government's dual roles of contractor and sovereign may never
12 be treated as fused, relying upon Deming's pronouncement that "[t]he United States as a contractor are not
13 responsible for the United States as a lawgiver." Post, at 9 (quoting 1 Ct. Cl., at 191). But that view would simply
14 eliminate the "public and general" requirement, which presupposes that the Government's capacities must be
15 treated as fused when the Government acts in a non-general way. Deming itself twice refers to the "general"
16 quality of the enactment at issue, 1 Ct. Cl., at 191, and notes that "[t]he statute bears upon [the governmental
17 contract] as it bears upon all similar contracts between citizens, and affects it in no other way." Ibid. At the other
18 extreme, of course, it is clear that any benefit at all to the Government will not disqualify an act as "public and
19 general"; the silk embargo in Horowitz, for example, had the incidental effect of releasing the Government from
20 its contractual obligation to transport Mr. Horowitz's shipment. Our holding that a governmental act will not be
21 public and general if it has the substantial effect of releasing the Government from its contractual obligations
22 strikes a middle course between these two extremes.40
23 3. Century Exploration New Orleans, LLC v. United States (C.C., 2013), Case No. 11-54 C, Court of Federal
24 Claims
25 The sovereign acts doctrine is a variation of the common law doctrine of impossibility, adapted for the unique
26 circumstances faced by the government as a contractor. Under the impossibility doctrine, also known as the
27 impracticability doctrine, [w]here, after a contract is made, a party's performance is made impracticable
28 without his fault by the occurrence of an event the non-occurrence of which was a basic assumption upon
29 which the contract was made, his duty to render that performance is discharged, unless the language or the
30 circumstances indicate the contrary.
31 Restatement (Second) of Contracts §261. The impossibility doctrine applies to, inter alia, statutory, regulatory,
32 or other legal changes that render performance by one of the contracting parties impracticable:
33 If the performance of a duty is made impracticable by having to comply with a domestic or foreign governmental
34 regulation or order, that regulation or order is an event the non-occurrence of which was a basic assumption on
35 which the contract was made.
36 Id. § 264; see Hicks v. United States, 89 Fed.Cl. 243, 258 (2009) (noting that the doctrine may be applied when
37 performance by one of the parties is rendered impracticable because of an intervening government order).
38 In general, the impossibility defense is not available when the barrier to performance was created by the party
39 seeking to invoke the defense. See Restatement (Second) of Contracts §261 (limiting a contractor's use of the
40 defense to impracticability caused by the occurrence of an event "without his fault"); id. § 261, comment d ("If
41 the event is due to the fault of the obligor himself, this Section does not apply."). The sovereign acts doctrine was
42 established in the early years of the Court of Claims, see Wilson v. United States, 11 Ct.Cl. 513 (1875); Jones
43 v. United States, 1 Ct.Cl. 383 (1865); Deming v. United States, 1 Ct.Cl. 190 (1865), and addresses situations in
44 which the government's acts as a sovereign render the performance of its duties as a contractor impracticable.
45 In such cases, "[t]he two characters which the government possesses as a contractor and as a sovereign cannot
46 be thus fused; nor can the United States while sued in the one character be made liable in damages for their acts
47 done in the other." Jones, 1 Ct.Cl. at 384.
38
See also Speidel, 51 Geo. L. J., at 539-540 (observing that "the commonly expressed conditions to the availability of the sovereign acts defense" are not
only that "the act . . . must have been `public and general,'" but also that "the damage to the contractor must have been caused indirectly"); cf. Exxon Corp.
v. Eagerton, 462 U.S. 176, 191-192 (1983) (distinguishing between direct and incidental impairments under the Contract Clause).
39
Cf. also Resolution Trust Corp. v. Federal Savings and Loan Insurance Corp., 25 F.3d. 1493, 1501 (CA10 1994) ("The limits of this immunity [for
sovereign acts] are defined by the extent to which the government's failure to perform is the result of legislation targeting a class of contracts to which it is
a party"); South Louisiana Grain Services, Inc. v. United States, 1 Cl. Ct. 281, 287, n. 6 (1982) (rejecting sovereign acts defense where the government
agency's actions "were directed specifically at plaintiff's alleged contract performance"). Despite the dissent's predictions, the sun is not, in fact, likely to set
on the sovereign acts doctrine. While an increase in regulation by contract will produce examples of the "fusion" that bars the defense, we may expect that
other sovereign activity will continue to occasion the sovereign acts defense in cases of incidental effect.
40
A different intermediate position would be possible, at least in theory. One might say that a governmental action was not "public and general" under
Horowitz if its predominant purpose or effect was avoidance of the Government's contractual commitments. The difficulty, however, of ascertaining the
relative intended or resulting impacts on governmental and purely private contracts persuades us that this test would prove very difficult to apply.
7 In order to ensure that the government was afforded the same treatment as a private contractor, the court held
8 that it was necessary to draw a sharp distinction between the government-as-sovereign and the government-
9 as-contractor, and that the distinction between the two would be maintained as long as the sovereign acts that
10 rendered performance impracticable were "public and general." See Jones, 1 Ct.Cl. at 384 ("Whatever acts the
11 government may do, be they legislative or executive, so long as they be public and general, cannot be deemed
12 specially to alter, modify, obstruct or violate the particular contracts into which it enters with private persons.");
13 see also Wilson, 11 Ct.Cl. at 521 ("This double character of the Government cannot be lost sight of in any of its
14 transactions."); Deming, 1 Ct.Cl. at 191 ("The United States as a contractor are not responsible for the United
15 States as a lawgiver.").
16 The doctrine was later adopted by the Supreme Court of the United States, see Horowitz v. United States, 267
17 U.S. 458, 461 (1925) ("It has long been held by the Court of Claims that the United States when sued as a
18 contractor cannot be held liable for an obstruction to the performance of the particular contract resulting from
19 its public and general acts as a sovereign."), and it has been applied in a number of cases by this court and the
20 Federal Circuit. In the leading case on the doctrine, the Supreme Court explained that [t]he sovereign acts
21 doctrine thus balances the Government's need for freedom to legislate with its obligation to honor its contracts
22 by asking whether the sovereign act is properly attributable to the Government as contractor. If the answer is no,
23 the Government's defense to liability depends on the answer to the further question, whether that act would
24 otherwise release the Government from liability under ordinary principles of contract law.
26 In subsequent years, the Federal Circuit has followed the general approach set forth by the Court of Claims in
27 its earliest cases on the sovereign acts doctrine. First, that court has explained that the government-as-sovereign
28 must be separated from the government-as-contractor, and that the latter must be treated in the same manner
29 as any private contractor:
30 The basic notion of the sovereign acts doctrine is that the United States as a contracting party acts in a different
31 capacity from its role as a sovereign. As a contractor, it stands in the same shoes as any private party would in
32 dealing with another private party; as a sovereign, it stands apart. The acts of one are not to be 'fused' with
33 the other - if an act of the Government as sovereign would justify non-performance by any other defendant
34 being sued for contract breach, then the Government as contractor is equally free from liability for non-
35 performance.
37 Further, when the government's actions render performance impracticable, those actions will be viewed as
38 sovereign acts only if they are public and general, while any interference with the government's contracts must
39 be only incidental. See Klamath Irrigation Dist. v. United States, 635 F.3d. 505, 520 (Fed. Cir. 2011) ("The
40 government is not liable for breach of contract whenever it takes any generally applicable action in its sovereign
41 capacity that incidentally frustrates performance of a contract to which it is a party."); see also Winstar, 518 U.S.
42 at 896 (noting that "governmental action will not be held against the Government for purposes of the impossibility
43 defense so long as the action's impact upon public contracts is, as in Horowitz, merely incidental to the
44 accomplishment of a broader governmental objective").
45 In contrast, the sovereign acts defense never applies when the government's actions were designed to target its
46 contractual obligations or when those actions have the substantial effect of releasing it from its obligations.
47 See Winstar, 518 U.S. at 899 (explaining that a government action is not public and general when "it has the
48 substantial effect of releasing the Government from its contractual obligations"); Stockton East, 583 F.3d. at
49 1366 (noting that the relevant question is whether the "act [is] simply one designed to relieve the Government of
50 its contract duties, or is it a genuinely public and general act that only incidentally falls upon the contract?");
51 Conner Bros., 550 F.3d. at 1374 ("[T]he sovereign acts defense is unavailable where the governmental action is
52 specifically directed at nullifying contract rights."); Yankee Atomic Elec. Co. v. United States, 112 F.3d. 1569,
53 1575 (Fed. Cir. 1997) ("The Government-as-contractor cannot exercise the power of its twin, the Government-
54 as-sovereign, for the purpose of altering, modifying, obstructing or violating the particular contracts into which
55 it had entered with private parties.").
56 Finally, even if the government demonstrates that its actions were sovereign in nature, it must still prove that
57 those actions rendered its performance impossible. Casitas Mun. Water Dist. v. United States, 543 F.3d. 1276,
58 1287 (Fed. Cir. 2008) ("[P]erformance by the government is excused under the sovereign acts defense only
59 when the sovereign act renders the government's performance impossible."). However, the Federal Circuit
60 "and its predecessor have long recognized that the doctrine of impossibility does not require a showing of actual
5 Based on the above cases, we summarize the Sovereign Acts Doctrine as follows:
6 1. The sovereign acts doctrine is a variation of the common law doctrine of impossibility, adapted for the unique
7 circumstances faced by the government as a contractor.
8 2. The sovereign acts doctrine originated in the U.S. Court of Claims and was later adopted by the U.S. Supreme Court.
9 3. The sovereign acts doctrine can be invoked by the government as a defense in court when the government has breached
10 a contract with a private party and seeks to be relieved of liability for the contractual consequences of the breach.
11 4. In early cases, the court emphasized that the sovereign acts doctrine did not afford any special treatment for the
12 government. Rather, its purpose was to ensure that the government as contractor was treated the same as any private
13 contractor whose performance was rendered impracticable by an intervening act of the government.
14 5. The sovereign acts defense never applies when the government's actions were designed to target its contractual
15 obligations or when those actions have the substantial effect or purpose of releasing it from its obligations.
16 6. In order to invoke the Sovereign Acts Doctrine, the government must prove that:
17 6.1. The government’s actions rendered its performance impossible. . .AND
18 6.2. The performance of the government is a commercial impracticability.
19 7. Since the early cases on the subject:
20 7.1. Some of the functions of the Court of Claims have been transferred to the Court of International Trade, which has
21 been made into an Article III constitutional court just like the original Court of Claims.
22 7.2. At this time, the Court of Claims is an Article I franchise court.41
23 We think that the Sovereign Acts Doctrine completely misses the point of what governments are for. Governments
24 are created EXCLUSIVELY to protect PRIVATE rights and to promote JUSTICE. That’s what the Declaration
25 of Independence and the Constitution says or implies.
26 “WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator
27 with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness—That to secure
28 these Rights, Governments are instituted among Men, deriving their just powers from the consent of the
29 governed, that whenever any Form of Government becomes destructive of these ends, it is the Right of the People
30 to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles and organizing
31 its Powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
32 [Declaration of Independence]
33 ____________________________________________________________________________________
36 We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic
37 Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty
38 to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
41 Justice, in turn, is legally defined as the “right to be left alone”. Even judges of the U.S. Supreme Court are called
42 “justices”.
43 PAULSEN, ETHICS (Thilly's translation), chap. 9.
44 “Justice, as a moral habit, is that tendency of the will and mode of conduct which refrains from disturbing the
45 lives and interests of others, and, as far as possible, hinders such interference on the part of others. This virtue
46 springs from the individual's respect for his fellows as ends in themselves and as his co equals. The different
47 spheres of interests may be roughly classified as follows: body and life; the family, or the extended individual
41
See Glidden v. Zdanok, 370 U.S. 530 (1962). 28 U.S.C. §171(a) now identifies the Court of Claims as an Article I court. The only Article III federal
courts are the U.S. Supreme Court and the Court of International Trade. The Wikipedia article on the Court of Claims is FALSE on this subject, and
identifies the Court of Claims as having Article III powers.
10 "The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They
11 recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a
12 part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect
13 Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the
14 Government, the right to be let alone - the most comprehensive of rights and the right most valued by civilized
15 men."
16 [Olmstead v. United States, 277 U.S. 438, 478 (1928) (Brandeis, J., dissenting); see also Washington v. Harper,
17 494 U.S. 210 (1990)]
18 “Justice” BEGINS with the GOVERNMENT leaving you alone. If THEY won’t leave you and your property
19 alone, you shouldn’t be hiring them to protect OTHERS from interfering with your right to be left alone.
20 Therefore, government’s FIRST job is to ensure that your PRIVATE property STAYS private, is NEVER
21 converted to PUBLIC property, and that they LEAVE YOU ALONE and don’t try to regulate, tax, or take away
22 the exercise of your PRIVATE property or PRIVATE rights. The essence of “ownership” of PRIVATE property,
23 in fact, is the right to exclude ALL OTHERS, including governments, from using or benefitting from the use of
24 your PRIVATE property.
25 “We have repeatedly held that, as to property reserved by its owner for private use, "the right to exclude [others
26 is] `one of the most essential sticks in the bundle of rights that are commonly characterized as property.' "
27 Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 433 (1982), quoting Kaiser Aetna v. United States,
28 444 U.S. 164, 176 (1979). “
29 [Nollan v. California Coastal Comm’n, 483 U.S. 825 (1987)]
30 __________________________________________________________
31 “In this case, we hold that the "right to exclude," so universally held to be a fundamental element of the
32 property right,[11] falls within this category of interests that the Government cannot take without
33 compensation.”
34 [Kaiser Aetna v. United States, 444 U.S. 164 (1979)]
35 [11] See, e. g., United States v. Pueblo of San Ildefonso, 206 Ct.Cl. 649, 669-670, 513 F.2d. 1383, 1394 (1975);
36 United States v. Lutz, 295 F.2d. 736, 740 (CA5 1961). As stated by Mr. Justice Brandeis, "[a]n essential element
37 of individual property is the legal right to exclude others from enjoying it." International News Service v.
38 Associated Press, 248 U.S. 215, 250 (1918) (dissenting opinion).
39 If government takes away your right of PRIVATE property by taking away your right to exclude THEM from
40 using or benefitting from the property, they have essentially STOLEN your property and converted it to PUBLIC
41 property and made you into an EQUITABLE rather than legal owner. If they do that in the context of any of your
42 PRIVATE property, or if they harass, punish, or intimidate people who refuse to act in a PUBLIC officer capacity
43 or refuse to donate their PRIVATE property to the government, then they are not only NOT a classical
44 “government”, but in fact are what we call an ANTI-government. An ANTI-government has the OPPOSITE
45 purpose for which governments are created and insists on owning EVERYTHING and EVERYONE, and thereby
46 to become LIKE God, just like Satan.
47 Satan Tempts Jesus
48 Again, the devil took Him up on an exceedingly high mountain, and showed Him all the kingdoms of the world
49 and their glory. And he said to Him, “All these things [ALL PROPERTY and power] I will give You if You will
50 fall down and worship me.”
51 Then Jesus said to him, “Away with you, Satan! For it is written, ‘You shall worship the LORD your God, and
52 Him only you shall serve.’”
13 To give you an example application, consider the vehicle code in your state. Governments are created to
14 PROTECT your PRIVATE property, including your vehicle. However, in order to give them jurisdiction to
15 protect it, you have to “register it”. Once it becomes a REGISTERED vehicle, they acquire the right to TAKE IT
16 AWAY from you if you operate it without a license in most states. Hence, now the owner has to become a
17 PUBLIC officer called a “driver” and go do work for the government without compensation in order to operate
18 the vehicle. That’s what a “driver” is: a PUBLIC officer. Hence, by registering it, the so-called “government”
19 becomes the ABSOLUTE owner and you convert from the ABSOLUTE owner to the QUALIFIED owner with
20 EQUITABLE interest in the vehicle. Essentially, you had to donate ABSOLUTE ownership of the vehicle to the
21 government before they would consent to protect the vehicle. Imagine hiring a security guard to protect something
22 and the contract you sign with the security guard mandates that you DONATE the essence of your ownership to
23 them. Would you knowingly sign such a contract? We wouldn’t. This is a SCAM and anyone that would call
24 themselves a “government” is not only NOT a government, but an ANTI-GOVERNMENT!
25 Therefore, by our criteria the Vehicle Code as currently implemented is not a classical “government” function and
26 the enforcement of it is NOT a “sovereign act” of any government that can therefore be protected with “sovereign
27 immunity”. As described in the above cases, the government is essentially a private contractor and not a classical
28 “government” in the context of how current vehicle codes are implemented. If your state government removed
29 the right (in the Vehicle Code) to take away the vehicle from those who are unlicensed and removed the right to
30 compel you through any means to become a statutory “driver”, the vehicle code could once again be a “government
31 function” and a “sovereign act”.
33 In addition to the Sovereign Acts Doctrine of the U.S. Supreme Court, other doctrines can be used to distinguish
34 whether the Body Corporate is acting in a PRIVATE capacity. The “Market Participant Doctrine” is an example,
35 as explained below by the U.S. Supreme Court:
36 B. Market Participant
37 NYTA argues that, even if plaintiffs have standing to pursue their dormant Commerce Clause claim, the policy is
38 not unconstitutional because of the so-called "market participant" doctrine.2 This doctrine "differentiates
39 between a State's acting in its distinctive governmental capacity, and a State's acting in the more general
40 capacity of a market participant; only the former is subject to the limitations of the [dormant] Commerce
41 Clause." New Energy Co. of Ind. v. Limbach, 486 U.S. 269, 277, 108 S.Ct. 1803, 100 L.Ed.2d 302 (1988). The
42 Supreme Court has held that "Nothing in the purposes animating the Commerce Clause prohibits a State, in the
43 absence of congressional action, from participating in the market and exercising the right to favor its own citizens
44 over others." Reeves, Inc. v. Stake, 447 U.S. 429, 436, 100 S.Ct. 2271, 65 L.Ed.2d 244 (1980). The Court has not
45 articulated a bright-line rule to discern governmental regulation of commerce from market participation; courts
46 must make fact-specific inquiries on a case-by-case basis. "Thus, for example, when a State chooses to
47 manufacture and sell cement, its business methods, including those that favor its residents, are of no greater
48 constitutional concern than those of a private business." New Energy Co., 486 U.S. at 277, 108 S.Ct. 1803 (citing
49 Reeves, 447 U.S. at 438-39, 100 S.Ct. 2271); see also Hughes, 426 U.S. at 809, 96 S.Ct. 2488 (holding that a
50 state's program of purchasing abandoned vehicles from within the state but not from other states did not burden
51 interstate commerce). But see Toomer v. Witsell, 334 U.S. 385, 406, 68 S.Ct. 1156, 92 L.Ed. 1460 (1948) (holding
52 that the Commerce Clause was violated where a state required that shrimp boats fishing off of its coast pack their
53 shrimp and pay state taxes before transporting their catch interstate). In sum, a court reviewing a claim that the
54 dormant Commerce Clause has been violated must consider in each specific context if the government is acting
55 like a private business or a governmental entity.
19 NYTA's reliance on Endsley v. City of Chicago, 230 F.3d. 276, 283-85 (7th Cir.2000), for the proposition that
20 a state may "act[ ] in a proprietary capacity as an entrant into the local highway transportation market,"
21 Appellee's Br. 17, is misplaced. In Endsley, plaintiffs challenging Chicago's operation of the city's Skyway toll
22 bridge essentially "plead themselves out of court" by noting in their complaint that, "[s]ince its inception,
23 Chicago has operated [the bridge] as a proprietary enterprise, and not in its governmental capacity." 230 F.3d.
24 at 284. The Seventh Circuit's observation that "the facts suggest that Chicago was indeed a market
25 participant," id., was dicta and, in any event, not binding authority for this Court. On this record, we see no
26 reason to conclude that the instant case is like Reeves, where South Dakota entered a market to produce and
27 sell cement in competition with private cement suppliers, see 447 U.S. at 440, 100 S.Ct. 2271, or Hughes, where
28 Maryland entered "into the market as a purchaser, in effect, of a potential article of interstate commerce," 426
29 U.S. at 808, 96 S.Ct. 2488. In short, nothing in this record permits the conclusion that, in this instance, NYTA is
30 a market participant.
31 We need not reach the question whether, or under what circumstances, a governmental entity may act as a market
32 participant by building and maintaining roads. We hold simply that, at least in this stage of the litigation, a finding
33 that NYTA acted as a "market participant" (rather than in its governmental capacity) is not warranted. As we
34 explain below, the toll may well be permissible, but, absent a finding that NYTA acted as a market participant, it
35 is subject to scrutiny under the dormant Commerce Clause.
36 [Selevan v. New York Thruway Authority, 584 F.3d. 82 (2nd Cir., 2009)]
37 8.5 Abuse of Franchises are How De Jure Governments are Transformed into Corrupt De
38 Facto Governments42
39 “Governments never do anything by accident; if government does something you can bet it was carefully
40 planned.”
41 [Franklin D. Roosevelt, President of the United States]
42
Adapted from:
Government Instituted Slavery Using Franchises, Form #05.030, Section 14;
http://sedm.org/Forms/FormIndex.htm.
7 7. Your legal identity is “laundered”, and kidnapped or transported to a foreign jurisdiction, the District of Criminals, and
8 which is not protected by the Constitution.
24 The gravely injurious effects of participating in government franchises include the following.
25 1. Those who participate are effectively and unilaterally elected into public office by their own consent. Thereafter, they
26 become surety for the office that is:
27 1.1. Domiciled in the federal zone.
28 1.2. A statutory “U.S. person”.
29 1.3. A statutory “resident alien” in respect to the federal government.
30 2. Those who participate unlawfully are treated as “trustees” of the “public trust” and “public officers” of the federal
31 government and suffer great legal disability as a consequence:
32 “As expressed otherwise, the powers delegated to a public officer are held in trust for the people and are to be
33 exercised in behalf of the government or of all citizens who may need the intervention of the officer. 43
34 Furthermore, the view has been expressed that all public officers, within whatever branch and whatever level
35 of government, and whatever be their private vocations, are trustees of the people, and accordingly labor under
36 every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain
37 from a discharge of their trusts. 44 That is, a public officer occupies a fiduciary relationship to the political
38 entity on whose behalf he or she serves. 45 and owes a fiduciary duty to the public. 46 It has been said that
39 the fiduciary responsibilities of a public officer cannot be less than those of a private individual. 47
43
State ex rel. Nagle v. Sullivan, 98 Mont. 425, 40 P.2d. 995, 99 A.L.R. 321; Jersey City v. Hague, 18 N.J. 584, 115 A.2d. 8.
44
Georgia Dep’t of Human Resources v. Sistrunk, 249 Ga. 543, 291 S.E.2d. 524. A public official is held in public trust. Madlener v. Finley (1st Dist) 161
Ill.App.3d. 796, 113 Ill.Dec. 712, 515 N.E.2d. 697, app gr 117 Ill.Dec. 226, 520 N.E.2d. 387 and revd on other grounds 128 Ill.2d. 147, 131 Ill.Dec. 145,
538 N.E.2d. 520.
45
Chicago Park Dist. v. Kenroy, Inc., 78 Ill.2d. 555, 37 Ill.Dec. 291, 402 N.E.2d. 181, appeal after remand (1st Dist) 107 Ill.App.3d. 222, 63 Ill.Dec. 134,
437 N.E.2d. 783.
46
United States v. Holzer (CA7 Ill), 816 F.2d. 304 and vacated, remanded on other grounds 484 U.S. 807, 98 L.Ed. 2d 18, 108 S.Ct. 53, on remand (CA7
Ill) 840 F.2d. 1343, cert den 486 U.S. 1035, 100 L.Ed. 2d 608, 108 S.Ct. 2022 and (criticized on other grounds by United States v. Osser (CA3 Pa) 864
F.2d. 1056) and (superseded by statute on other grounds as stated in United States v. Little (CA5 Miss) 889 F.2d. 1367) and (among conflicting authorities
on other grounds noted in United States v. Boylan (CA1 Mass), 898 F.2d. 230, 29 Fed.Rules.Evid.Serv. 1223).
47
Chicago ex rel. Cohen v. Keane, 64 Ill.2d. 559, 2 Ill.Dec. 285, 357 N.E.2d. 452, later proceeding (1st Dist) 105 Ill.App.3d. 298, 61 Ill.Dec. 172, 434
N.E.2d. 325.
4 3. Those who participate are stripped of ALL of their constitutional rights and waive their Constitutional right not to be
5 subjected to penalties and other “bills of attainder” administered by the Executive Branch without court trials. They then
6 must function the degrading treatment of filling the role of a federal “public employee” subject to the supervision of their
7 servants in the government.
8 “The restrictions that the Constitution places upon the government in its capacity as lawmaker, i.e., as the
9 regulator of private conduct, are not the same as the restrictions that it places upon the government in its
10 capacity as employer. We have recognized this in many contexts, with respect to many different constitutional
11 guarantees. Private citizens perhaps cannot be prevented from wearing long hair, but policemen can. Kelley v.
12 Johnson, 425 U.S. 238, 247 (1976). Private citizens cannot have their property searched without probable cause,
13 but in many circumstances government employees can. O’Connor v. Ortega, 480 U.S. 709, 723 (1987) (plurality
14 opinion); id., at 732 (SCALIA, J., concurring in judgment). Private citizens cannot be punished for refusing to
15 provide the government information that may incriminate them, but government employees can be dismissed when
16 the incriminating information that they refuse to provide relates to the performance of their job. Gardner v.
17 Broderick, [497 U.S. 62, 95] 392 U.S. 273, 277 -278 (1968). With regard to freedom of speech in particular:
18 Private citizens cannot be punished for speech of merely private concern, but government employees can be fired
19 for that reason. Connick v. Myers, 461 U.S. 138, 147 (1983). Private citizens cannot be punished for partisan
20 political activity, but federal and state employees can be dismissed and otherwise punished for that reason. Public
21 Workers v. Mitchell, 330 U.S. 75, 101 (1947); Civil Service Comm'n v. Letter Carriers, 413 U.S. 548, 556 (1973);
22 Broadrick v. Oklahoma, 413 U.S. 601, 616 -617 (1973).”
23 [Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990)]
24 4. Those who participate may lawfully be deprived of equal protection of the law, which is the foundation of the U.S.
25 Constitution. This deprivation of equal protection UNLAWFULLY becomes a provision of the franchise agreement.
26 5. Those who participate can lawfully be deprived of remedy for abuses in federal courts.
27 "These general rules are well settled: (1) That the United States, when it creates rights in individuals against
28 itself [a "public right", which is a euphemism for a "franchise" to help the court disguise the nature of the
29 transaction], is under no obligation to provide a remedy through the courts. United States ex rel. Dunlap v.
30 Black, 128 U.S. 40, 9 Sup.Ct. 12, 32 L.Ed. 354; Ex parte Atocha, 17 Wall. 439, 21 L.Ed. 696; Gordon v. United
31 States, 7 Wall. 188, 195, 19 L.Ed. 35; De Groot v. United States, 5 Wall. 419, 431, 433, 18 L.Ed. 700; Comegys
32 v. Vasse, 1 Pet. 193, 212, 7 L.Ed. 108. (2) That where a statute creates a right and provides a special remedy,
33 that remedy is exclusive. Wilder Manufacturing Co. v. Corn Products Co., 236 U.S. 165, 174, 175, 35 Sup.Ct.
34 398, 59 L.Ed. 520, Ann.Cas. 1916A, 118; Arnson v. Murphy, 109 U.S. 238, 3 Sup.Ct. 184, 27 L.Ed. 920; Barnet
35 v. National Bank, 98 U.S. 555, 558, 25 L.Ed. 212; Farmers’ & Mechanics’ National Bank v. Dearing, 91 U.S. 29,
36 35, 23 L.Ed. 196. Still the fact that the right and the remedy are thus intertwined might not, if the provision stood
37 alone, require us to hold that the remedy expressly given excludes a right of review by the Court of Claims, where
38 the decision of the special tribunal involved no disputed question of fact and the denial of compensation was
39 rested wholly upon the construction of the act. See Medbury v. United States, 173 U.S. 492, 198, 19 Sup.Ct. 503,
40 43 L.Ed. 779;Parish v. MacVeagh, 214 U.S. 124, 29 Sup.Ct. 556, 53 L.Ed. 936; McLean v. United States, 226
41 U.S. 374, 33 Sup.Ct. 122, 57 L.Ed. 260; United States v. Laughlin (No. 200), 249 U.S. 440, 39 Sup.Ct. 340, 63
42 L.Ed. 696, decided April 14, 1919. But here Congress has provided:
43 [U.S. v. Babcock, 250 U.S. 328, 39 S.Ct. 464 (1919) ]
44 6. Those who participate can be directed which federal courts they may litigate in and can lawfully be deprived of a
45 Constitutional Article III judge or Article III court and forced to seek remedy ONLY in an Article I or Article IV
46 legislative or administrative tribunal within the Legislative rather than Judicial branch of the government.
47 Although Crowell and Raddatz do not explicitly distinguish between rights created by Congress and other rights,
48 such a distinction underlies in part Crowell's and Raddatz' recognition of a critical difference between rights
49 created by federal statute and rights recognized by the Constitution. Moreover, such a distinction seems to us
50 to be necessary in light of the delicate accommodations required by the principle of separation of powers reflected
51 in Art. III. The constitutional system of checks and balances is designed to guard against “encroachment or
52 aggrandizement” by Congress at the expense of the other branches of government. Buckley v. Valeo, 424 U.S.,
53 at 122, 96 S.Ct., at 683. But when Congress creates a statutory right [a “privilege” in this case, such as a “trade
54 or business”], it clearly has the discretion, in defining that right, to create presumptions, or assign burdens of
55 proof, or prescribe remedies; it may also provide that persons seeking to vindicate that right must do so before
56 particularized tribunals created to perform the specialized adjudicative tasks related to that right.FN35 Such
57 provisions do, in a sense, affect the exercise of judicial power, but they are also incidental to Congress' power to
48
Indiana State Ethics Comm’n v. Nelson (Ind App), 656 N.E.2d. 1172, reh gr (Ind App) 659 N.E.2d. 260, reh den (Jan 24, 1996) and transfer den (May 28,
1996).
7 Since the founding of our country, franchises have systematically been employed in every area of government to
8 transform a government based on equal protection into a for-profit private corporation based on privilege,
9 partiality, and favoritism. The effects of this form of corruption are exhaustively described in the following
10 memorandum of law on our website:
11 What are the mechanisms by which this corruption has been implemented by the Executive Branch? This section
12 will detail the main mechanisms to sensitize you to how to fix the problem and will relate how it was implemented
13 by exploiting the separation of powers doctrine.
14 The foundation of the separation of powers is the notion that the powers delegated to one branch of government
15 by the Constitution cannot be re-delegated to another branch.
16 “. . .a power definitely assigned by the Constitution to one department can neither be surrendered nor delegated
17 by that department, nor vested by statute in another department or agency. Compare Springer v. Philippine
18 Islands,277 U.S. 189, 201, 202, 48 S.Ct. 480, 72 L.Ed. 845.”
19 [Williams v. U.S., 289 U.S. 553, 53 S.Ct. 751 (1933)]
20 Keenly aware of the above limitation, lawmakers over the years have used it to their advantage in creating a tax
21 system that is exempt from any kind of judicial interference and which completely destroys all separation of
22 powers. Below is a summary of the mechanism, in the exact sequence it was executed at the federal level:
23 1. Create a franchise based upon a “public office” in the Executive or Legislative Branch. This:
24 1.1. Allows statutes passed by Congress to be directly enforced against those who participate.
25 1.2. Eliminates the need for publication in the Federal Register of enforcement implementing regulations for the statutes.
26 See 5 U.S.C. §553(a) and 44 U.S.C. §1505(a)(1).
27 1.3. Causes those engaged in the franchise to act in a representative capacity as “public officers” of the United States
28 government pursuant to Federal Rule of Civil Procedure 17(b), which is defined in 28 U.S.C. §3002(15)(A) as a
29 federal corporation.
30 1.4. Causes all those engaged in the franchise to become “officers of a corporation”, which is the United States, pursuant
31 to 26 U.S.C. §6671(b) and 26 U.S.C. §7343.
32 2. Give the franchise a deceptive “word of art” name that will deceive everyone into believing that they are engaged in it.
33 2.1. The franchise is called a “trade or business” and is defined in 26 U.S.C. §7701(a)(26) as “the functions of a public
34 office”. How many people know this, and do they teach this in the public (government) schools or the IRS
35 publications? NOT!
36 2.2. Earnings connected with the franchise are called “effectively connected with a trade or business in the United
37 States”. The term “United States” deceptively means the GOVERNMENT, and not the geographical United States.
38 3. In the franchise agreement, define the effective domicile or choice of law of all those who participate as being on federal
39 territory within the exclusive jurisdiction of the United States. 26 U.S.C. §7408(d) and 26 U.S.C. §7701(a)(39) place
40 the effective domicile of all “franchisees” called “taxpayers” within the District of Columbia. If the feds really had
41 jurisdiction within states of the Union, do you think they would need this devious device to “kidnap your legal identity”
42 or “res” and move it to a foreign jurisdiction where you don’t physically live?
43 4. Place a excise tax upon the franchise proportional to the income earned from the franchise. In the case of the Internal
44 Revenue Code, all such income is described as income which is “effectively connected with a trade or business within
45 the United States”.
46 "Excises are taxes laid upon the manufacture, sale or consumption of commodities within the country, upon
47 licenses to pursue certain occupations and upon corporate privileges...the requirement to pay such taxes
48 involves the exercise of [220 U.S. 107, 152] privileges, and the element of absolute and unavoidable demand
49 is lacking...
Corporatization and Privatization of the Government 143 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 ...It is therefore well settled by the decisions of this court that when the sovereign authority has exercised the right
2 to tax a legitimate subject of taxation as an exercise of a franchise or privilege, it is no objection that the measure
3 of taxation is found in the income produced in part from property which of itself considered is nontaxable...
4 Conceding the power of Congress to tax the business activities of private corporations.. the tax must be measured
5 by some standard..."
6 [Flint v. Stone Tracy Co., 220 U.S. 107 (1911)]
7 5. Mandate that those engaged in the franchise must have usually false evidence submitted by ignorant third parties that
8 connects them to the franchise. IRS information returns, including IRS Forms W-2, 1042-S, 1098, and 1099, are the
9 mechanism. 26 U.S.C. §6041 says that these information returns may ONLY be filed in connection with a “trade or
10 business”, which is a code word for the name of the franchise.
11 6. Write statutes prohibiting interference by the courts with the collection of “taxes” (kickbacks) associated with the
12 franchise based on the idea that courts in the Judicial Branch may not interfere with the internal affairs of another branch
13 such as the Executive Branch. Hence, the “INTERNAL Revenue Service”. This will protect the franchise from
14 interference by other branches of the government and ensure that it relentlessly expands.
15 6.1. The Anti-Injunction Act, 26 U.S.C. §7421 is an example of an act that enjoins judicial interference with tax
16 collection or assessment.
17 6.2. The Declaratory Judgments Act, 28 U.S.C. §2201(a) prohibits federal courts from pronouncing the rights or status
18 of persons in regard to federal “taxes”. This has the effect of gagging the courts from telling the truth about the
19 nature of the federal income tax.
20 6.3. The word “internal” means INTERNAL to the Executive Branch and the United States government, not
21 INTERNAL to the geographical United States of America.
22 7. Create administrative “franchise” courts in the Executive Branch which administer the program pursuant to Articles I
23 and IV of the United States Constitution.
24 7.1. U.S. Tax Court. 26 U.S.C. §7441 identifies the U.S. Tax Court as an Article I court.
25 7.2. U.S. District Courts. There is no statute establishing any United States District Court as an Article III court.
26 Consequently, even if the judges are Article III judges, they are not filling an Article III office and instead are filling
27 an Article IV office. Consequently, they are Article IV judges. All of these courts were turned into franchise courts
28 in the Judicial Code of 1911 by being renamed from the “District Court of the United States” to the “United States
29 District Court”.
30 For details on the above scam, see:
What Happened to Justice?, Form #06.012
http://sedm.org/Forms/FormIndex.htm
31 8. Create other attractive federal franchises that piggyback in their agreements a requirement to participate in the franchise.
32 For instance, the original Social Security Act of 1935 contains a provision that those who sign up for this program, also
33 simultaneously become subject to the Internal Revenue Code.
46 9. Offer an opportunity for private citizens not domiciled within the jurisdiction of Congress to “volunteer” by license or
47 private agreement to participate in the franchise and thereby become “public officers” within the Executive Branch. The
48 W-4 and Social Security SS-5 is an example of such a contract.
49 9.1. Call these volunteers “taxpayers”.
50 9.2. Call EVERYONE “taxpayers” so everyone believes that the franchise is MANDATORY.
51 9.3. Do not even acknowledge the existence of those who do not participate in the franchise. These people are called
52 “nontaxpayers” and they are not mentioned in any IRS publication.
53 9.4. Make the process of signing the agreement invisible by calling it a “Withholding Allowance Certificate” instead of
54 what it really is, which is a “license” to become a “taxpayer” and call all of your earnings “wages” and “gross
55 income”.
Corporatization and Privatization of the Government 144 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 26 C.F.R. §31.3401(a)-3 Amounts deemed wages under voluntary withholding agreements
2 (a) In general.
3 Notwithstanding the exceptions to the definition of wages specified in section 3401(a) and the regulations
4 thereunder, the term “wages” includes the amounts described in paragraph (b)(1) of this section with respect
5 to which there is a voluntary withholding agreement in effect under section 3402(p). References in this chapter
6 to the definition of wages contained in section 3401(a) shall be deemed to refer also to this section (§31.3401(a)–
7 3.
8 __________________________________________________________________________________________
13 (a) In general.
14 An employee and his employer may enter into an agreement under section 3402(b) to provide for the
15 withholding of income tax upon payments of amounts described in paragraph (b)(1) of §31.3401(a)–3, made
16 after December 31, 1970. An agreement may be entered into under this section only with respect to amounts
17 which are includible in the gross income of the employee under section 61, and must be applicable to all
18 such amounts paid by the employer to the employee. The amount to be withheld pursuant to an agreement
19 under section 3402(p) shall be determined under the rules contained in section 3402 and the regulations
20 thereunder. See §31.3405(c)–1, Q&A–3 concerning agreements to have more than 20-percent Federal income
21 tax withheld from eligible rollover distributions within the meaning of section 402.
22 10. Create a commissioner to service the franchise who becomes the “fall guy”, who then establishes a “bureau” without the
23 authority of any law and which is a private corporation that is not part of the U.S. government.
24 53 Stat. 489
25 Revenue Act of 1939, 53 Stat. 489
26
27 Chapter 43: Internal Revenue Agents
28 Section 4000 Appointment
29 The Commissioner may, whenever in his judgment the necessities of the service so require, employ competent
30 agents, who shall be known and designated as internal revenue agents, and, except as provided for in this title,
31 no general or special agent or inspector of the Treasury Department in connection with internal revenue, by
32 whatever designation he may be known, shall be appointed, commissioned, or employed.
33 The above means that everyone who works for the Internal Revenue Service is private contractor not appointed,
34 commissioned, or employed by anyone in the government. They operate on commission and their pay derives from the
35 amount of plunder they steal. See also:
Dept of Justice Admits under Penalty of Perjury that the IRS is Not an Agency of the Federal Government
http://famguardian.org/Subjects/Taxes/Evidence/USGovDeniesIRS/USGovDeniesIRS.htm
36 11. Create an environment that encourages irresponsibility, lies, and dishonesty within the bureau that administers the
37 franchise.
38 11.1. Indemnify these private contractors from liability by giving them “pseudonames” so that they can disguise their
39 identify and be indemnified from liability for their criminal acts. The IRS Restructuring and Reform Act, Pub.Law
40 105-206, Title III, Section 3706, 112 Stat. 778 and Internal Revenue Manual (I.R.M.), Section 1.2.4 both authorize
41 these pseudonames.
42 11.2. Place a disclaimer on the website of this private THIEF contractor indemnifying them from liability for the
43 truthfulness or accuracy of any of their statements or publications. See Internal Revenue Manual (I.R.M.), Section
44 4.10.7.2.8.
45 "IRS Publications, issued by the National Office, explain the law in plain language for taxpayers and their
46 advisors... While a good source of general information, publications should not be cited to sustain a position."
47 [Internal Revenue Manual (I.R.M.), Section 4.10.7.2.8 (05-14-1999)]
48 11.3. Omit the most important key facts and information from publications of the franchise administrator that would
49 expose the proper application of the “tax” and the proper audience. See the following, which is over 2000 pages
50 of information that are conveniently “omitted” from the IRS website about the proper application of the franchise
51 and its nature as a “franchise”:
36 The above process is WICKED in the most extreme way. It describes EXACTLY how our public servants have
37 made themselves into our masters and systematically replaced every one of our rights with “privileges” and
38 franchises. The Constitutional prohibition against this sort of corruption is described as follows by the courts:
39 “It would be a palpable incongruity to strike down an act of state legislation which, by words of express
40 divestment, seeks to strip the citizen of rights guaranteed by the federal Constitution, but to uphold an act by
41 which the same result is accomplished under the guise of a surrender of a right in exchange for a valuable
42 privilege which the state threatens otherwise to withhold. It is not necessary to challenge the proposition that, as
43 a general rule, the state, having power to deny a privilege altogether, may grant it upon such conditions as it sees
44 fit to impose. But the power of the state in that respect is not unlimited, and one of the limitations is that it may
45 not impose conditions which require the relinquishment of Constitutional rights. If the state may compel the
46 surrender of one constitutional right as a condition of its favor, it may, in like manner, compel a surrender of all.
47 It is inconceivable that guaranties embedded in the Constitution of the United States may thus be manipulated
48 out of existence.”
49 [Frost v. Railroad Commission, 271 U.S. 583, 46 S.Ct. 605 (1926)]
6 “The individual, unlike the corporation, cannot be taxed for the mere privilege of existing. The corporation is an
7 artificial entity which owes its existence and charter power to the State, but the individual’s right to live and own
8 property are natural rights for the enjoyment of which an excise cannot be imposed.”
9 [Redfield v. Fisher, 292 Oregon 814, 817]
10 “Legislature…cannot name something to be a taxable privilege unless it is first a privilege.” [Taxation West Key
11 43]…”The Right to receive income or earnings is a right belonging to every person and realization and receipt
12 of income is therefore not a ‘privilege’, that can be taxed.”
13 [Jack Cole Co. v. MacFarland, 337 S.E.2d. 453, Tenn.
14 Through the above process of corruption, the separation of powers is completely destroyed and nearly every
15 American has essentially been “assimilated” into the Executive Branch of the government, leaving the
16 Constitutional Republic bequeathed to us by our founding fathers vacant and abandoned. Nearly every service
17 that we expect from government has been systematically converted over the years into a franchise using the
18 techniques described above. The political and legal changes resulting from the above have been tabulated to show
19 the “BEFORE” and the “AFTER” so their extremely harmful effects become crystal clear in your mind. This
20 process of corruption, by the way, is not unique to the United States, but is found in every major industrialized
21 country on earth.
22
1 If you would like to know more about the subjects discussed in this section, please refer to the following free
2 memorandums of law on our website focused exclusively on this subject:
8 The U.S. Supreme Court has admitted that all governments are corporations. To wit:
9 "Corporations are also of all grades, and made for varied objects; all governments are corporations, created by
10 usage and common consent, or grants and charters which create a body politic for prescribed purposes; but
11 whether they are private, local or general, in their objects, for the enjoyment of property, or the exercise of
12 power, they are all governed by the same rules of law, as to the construction and the obligation of the
13 instrument by which the incorporation is made. One universal rule of law protects persons and property. It is
14 a fundamental principle of the common law of England, that the term freemen of the kingdom, includes 'all
15 persons,' ecclesiastical and temporal, incorporate, politique or natural; it is a part of their magna charta (2 Inst.
16 4), and is incorporated into our institutions. The persons of the members of corporations are on the same footing
17 of protection as other persons, and their corporate property secured by the same laws which protect that of
18 individuals. 2 Inst. 46-7. 'No man shall be taken,' 'no man shall be disseised,' without due process of law, is a
19 principle taken from magna charta, infused into all our state constitutions, and is made inviolable by the federal
20 government, by the amendments to the constitution."
21 [Proprietors of Charles River Bridge v. Proprietors of Warren Bridge, 36 U.S. 420 (1837)]
22 The U.S. Supreme Court has also held that the “United States” is a corporation:
23 At common law, a "corporation" was an "artificial perso[n] endowed with the legal capacity of perpetual
24 succession" consisting either of a single individual (termed a "corporation sole") or of a collection of several
25 individuals (a "corporation aggregate"). 3 H. Stephen, Commentaries on the Laws of England 166, 168 (1st Am.
26 ed. 1845) . The sovereign was considered a corporation. See id., at 170; see also 1 W. Blackstone, Commentaries
27 *467. Under the definitions supplied by contemporary law dictionaries, Territories would have been classified as
28 "corporations" (and hence as "persons") at the time that 1983 was enacted and the Dictionary Act recodified.
29 See W. Anderson, A Dictionary of Law 261 (1893) ("All corporations were originally modeled upon a state or
30 nation"); 1 J. Bouvier, A Law Dictionary Adapted to the Constitution and Laws of the United States of America
31 318-319 (11th ed. 1866) ("In this extensive sense the United States may be termed a corporation"); Van
32 Brocklin v. Tennessee, 117 U.S. 151, 154 (1886) ("`The United States is a . . . great corporation . . . ordained
33 and established by the American people'") (quoting United [495 U.S. 182, 202] States v. Maurice, 26 F.Cas.
34 1211, 1216 (No. 15,747) (CC Va. 1823) (Marshall, C. J.)); Cotton v. United States, 11 How. 229, 231 (1851)
35 (United States is "a corporation"). See generally Trustees of Dartmouth College v. Woodward, 4 Wheat. 518,
36 561-562 (1819) (explaining history of term "corporation").
37 [Ngiraingas v. Sanchez, 495 U.S. 182 (1990) ]
38 The U.S. Code treats ALL GOVERNMENTS throughout the world as corporations who are “residents” of the
39 place they were incorporated, in fact:
40 TITLE 26 > Subtitle A > CHAPTER 1 > Subchapter N > PART II > Subpart D > § 892
41 § 892. Income of foreign governments and of international organizations
3 For purposes of this title, a foreign government shall be treated as a corporate resident of its country. A foreign
4 government shall be so treated for purposes of any income tax treaty obligation of the United States if such
5 government grants equivalent treatment to the Government of the United States.
6 According to 28 U.S.C. §1349, if the United States government owns more than half of the stock of a corporation,
7 then it is a federal corporation:
8 TITLE 28 > PART IV > CHAPTER 85 > § 1349
9 § 1349. Corporation organized under federal law as party
10 The district courts shall not have jurisdiction of any civil action by or against any corporation upon the ground
11 that it was incorporated by or under an Act of Congress, unless the United States is the owner of more than one-
12 half of its capital stock.
13 The U.S. Code also admits that the term “United States” means a federal corporation:
14 United States Code
15 TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
16 PART VI - PARTICULAR PROCEEDINGS
17 CHAPTER 176 - FEDERAL DEBT COLLECTION PROCEDURE
18 SUBCHAPTER A - DEFINITIONS AND GENERAL PROVISIONS
19 Sec. 3002. Definitions
20
21 (15) ''United States'' means -
22 (A) a Federal corporation;
23 (B) an agency, department, commission, board, or other entity of the United States; or
24 (C) an instrumentality of the United States.
25 Therefore, the United States government is both a corporation and federal corporation which is a “resident” of the
26 of place of its incorporation, which is the District of Columbia. The Corpus Juris Secundum (C.J.S.) Legal
27 Encyclopedia also recognizes that the U.S. government, in relation to a state of the Union, is a “foreign
28 corporation”:
29 "A foreign corporation is one that derives its existence solely from the laws of another state, government, or
30 country, and the term is used indiscriminately, sometimes in statutes, to designate either a corporation created
31 by or under the laws of another state or a corporation created by or under the laws of a foreign country."
32 "A federal corporation operating within a state is considered a domestic corporation rather than a foreign
33 corporation. The United States government is a foreign corporation with respect to a state."
34 [19 Corpus Juris Secundum (C.J.S.), Corporations, §883 (2003)]
38 (a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent
39 thereof—
40 (3) Corporation
41 The term “corporation” includes associations, joint-stock companies, and insurance companies.
42 All of the federal corporations indicated in I.R.C. §7701(a)(3) are wholly owned subsidiaries of the U.S.
43 government, because the only “taxpayers” within the Internal Revenue Code, Subtitle A are “public officers”.
44 This is further described below:
1 We can also find the “United States of America” corporation registered with the State of Delaware!
2 Figure 1: United States of America, Inc Corporate Registration
4 10 State corporations
6 The first official act of separation of America from Britain was the Declaration of Independence issued on July 4,
7 1776. Following the issuance of that document, the former British colonies assembled into a confederation called
8 the Continental Congress. The President of the Continental Congress was named George Hansen. Therefore, he
9 was the FIRST “President of the United States of America”. Under his leadership, the Continental Congress
10 published the Articles of Confederation on November 15, 1777, which was subsequently ratified by all the former
11 British Colonies on March 1, 1781.
12 The Articles of Confederation established a corporation called “The United States of America”, which was
13 identified by the U.S. Supreme Court as follows:
14 As a result of the separation from Great Britain by the colonies, acting as a unit, the powers of external
15 sovereignty passed from the Crown not to the colonies severally, but to the colonies in their collective and
16 corporate capacity as the United States of America. Even before the Declaration, the colonies were a unit in
17 foreign affairs, acting through a common agency-namely, the Continental Congress, composed of delegates
18 from the thirteen colonies. That agency exercised the powers of war and peace, raised an army, created a navy,
19 and finally adopted the Declaration of Independence. Rulers come and go; governments end and forms of
7 The Union existed before the Constitution, which was ordained and established among other things to form 'a
8 more perfect Union.' Prior to that event, it is clear that the Union, declared by the Articles of Confederation to
9 be 'perpetual,' was the sole possessor of external sovereignty, and in the Union it remained without change
10 save in so far as the Constitution in express terms qualified its exercise. The Framers' Convention was called
11 and exerted its powers upon the irrefutable postulate that though the states were several their people in respect
12 of foreign affairs were one.
14 The above case distinguishes FOREIGN (international) affairs from DOMESTIC (INTERNAL AFFAIRS) within
15 the states. For the purposes of INTERNAL affairs, the separate states under the Articles of Confederation behaved
16 as independent, sovereign nations in nearly every respect. Each of these sovereign States were self-governing
17 Republics which were legislatively “foreign” and “alien” in respect to any and every act of the Continental
18 Congress. Because the Articles of Confederation identify themselves as “perpetual”, then these separate,
19 legislatively “foreign”, and sovereign states and Republics continued to exist even after the USA Constitution was
20 ratified. No act of Congress has ever repealed the Articles of Confederation and therefore, these states continue
21 to exist even to this day, as does the corporation called “The United States of America” established by the Articles
22 of Confederation.
23 The proper name for the Republics under the Articles of Confederation was and is “California, Virginia,
24 Texas,….” Etc. It wasn’t until the Constitution was ratified that these same political entities ALSO acquired an
25 ADDITIONAL name as “State of California, State of Virginia, State of Texas…”.
26 In acts of Congress written after the Constitution was ratified, the sovereign and legislatively foreign states under
27 the Articles of Confederation are referred to as the “Republic of____”. These entities are where all
28 EXCLUSIVELY PRIVATE and therefore legislatively foreign property is held, protected, and maintained. As
29 EXCLUSIVELY private property, this property is NOT SUBJECT to the legislative jurisdiction of ANY
30 government:
31 When one becomes a member of society, he necessarily parts with some rights or privileges which, as an
32 individual not affected by his relations to others, he might retain. "A body politic," as aptly defined in the
33 preamble of the Constitution of Massachusetts, "is a social compact by which the whole people covenants with
34 each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common
35 good." This
does not confer power upon the whole people to control rights
36 which are purely and exclusively private, Thorpe v. R. & B. Railroad Co.,
37 27 Vt. 143; but it does authorize the establishment of laws requiring each citizen to so conduct himself,
38 and so use his own property, as not unnecessarily to injure another. This is the very essence of government,
39 and 125*125 has found expression in the maxim sic utere tuo ut alienum non lædas. From this source come
40 the police powers, which, as was said by Mr. Chief Justice Taney in the License Cases, 5 How. 583, "are
41 nothing more or less than the powers of government inherent in every sovereignty, . . . that is to say, . . . the
42 power to govern men and things." Under these powers the government regulates the conduct of its citizens one
43 towards another, and the manner in which each shall use his own property, when such regulation becomes
44 necessary for the public good.
45 [Munn v. Illinois, 94 U.S. 113 (1876),
46 SOURCE: http://scholar.google.com/scholar_case?case=6419197193322400931]
47 Based on the above, the key to whether a government can REGULATE or LEGISLATE for the use of specific
48 property or rights to property then is whether:
49 1. The owner holds title as a “citizen” who has VOLUNTARILY SUBMITTED himself to the government. NO ONE
50 can FORCE you to become a statutory citizen, and therefore no one can FORCE you to be subject to the CIVIL laws
51 passed by the government you are a “citizen” of. Those who don’t VOLUNTEER to become citizens and retain their
3 “The citizen cannot complain [about the laws or the tax system], because he has voluntarily submitted himself
4 to such a form of government. He owes allegiance to the two departments, so to speak, and within their respective
5 spheres must pay the penalties which each exacts for disobedience to its laws. In return, he can demand protection
6 from each within its own jurisdiction.”
7 [United States v. Cruikshank, 92 U.S. 542 (1875) [emphasis added]]
8 2. The owner donated the property in its entirety or ANY interest in the property to a public use or public purpose and
9 thereby subjected the used to government regulations.
10 “Men are endowed by their Creator with certain unalienable rights,- 'life, liberty, and the pursuit of happiness;'
11 and to 'secure,' not grant or create, these rights, governments are instituted. That property [or income] which a
12 man has honestly acquired he retains full control of, subject to these limitations: First, that he shall not use it
13 to his neighbor's injury, and that does not mean that he must use it for his neighbor's benefit [e.g. SOCIAL
14 second, that if he devotes it to a
SECURITY, Medicare, and every other public “benefit”];
15 public use, he gives to the public a right to control that use; and third, that
16 whenever the public needs require, the public may take it upon payment of due compensation.”
17 [Budd v. People of State of New York, 143 U.S. 517 (1892)]
25 This section describes how a specific state, the state of Texas, was divided into two contradictory parts:
28 This document provides evidence of how these two states were created and legally separated by our founding
29 fathers. The implications of this process to Jurisdiction, the payment of taxes, insurance and the requirement of
30 driver’s and marriage licenses is substantial. We won’t cover all of the states, but simply use the biggest state as
31 an example. All the other states were done the same way. Our analysis will answer an important question:
32 Is the constitutional prohibition found in Article 4, Section 3, Clause 1 against creating a “State within a State”
33 violated by turning a Constitutional State into a statutory corporation or statutory “State” within federal law?
34 Let’s start by looking at the term “double standard”. This is how Black’s law Dictionary defines it:
35 double standard.
36 “A set of principles permitting greater opportunity or greater lenience for one class of people than for another,
37 usu. based on a difference such as gender or race. “
38 It could also be based on citizenship or rights and privileges or contracts and franchises. The understanding
39 of these words will be important to those of you who decide to take back control of their life by pursuing further
40 study on this subject. For better understanding of this subject matter please read:
Why You are a “national”, “state national”, and Constitutional but not Statutory Citizen, Form #05.006
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
DIRECT LINK: http://sedm.org/Forms/05-MemLaw/WhyANational.pdf
3 Now we will discover through the law and the legal meaning of certain words the reason for our two-state
4 dichotomy.
5 The U.S. Constitution; Article 4, Section 3, Clause 1:
6 New States may be admitted by the Congress into this Union; But no new State shall be formed or erected within
7 the jurisdiction of any other state; nor any State be formed by the junction of two or more States, or Parts of
8 States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
9 The first two sentences of this clause are the ones we will be focusing on. The first sentence seems relatively
10 harmless. New states may be admitted by the Congress into this Union, right? That is what I thought until I decided
11 to test my knowledge of certain words. For example:
12 “NEW. As an element in numerous compound terms and phrases of the law, this word may denote novelty, or the
13 condition of being previously unknown or of recent or fresh origin, but ordinarily it is a purely relative term and
14 is employed in contrasting the date, origin, or character of one thing with the corresponding attributes of another
15 thing of the same kind or class.
16 [Black’s Law Dictionary, Second Edition, 1910]
17 Most of us understand the first part of the definition of “new,” but how many of us understood the second part?
18 “it is a purely relative term and is employed in contrasting the date, origin, or character of one thing with the
19 corresponding attributes of another thing of the same kind or class.”
20 “Contrast” means:
21 to set in opposition in order to emphasize differences,
24 Therefore we can safely conclude that the “character” of the “New” state is one that is in conflict with the old one
25 (in our case our Republic) in order to emphasize the differences.
26 Now let’s look at the second sentence of that article; “But no new State shall be formed or erected within the
27 jurisdiction of any other State.” Like everyone, my first thought is that you can’t form another state within the
28 boundaries of any one state. But why didn’t they say that? Why did they use the word jurisdiction which mainly
29 applies to the judicial system of our government? In 1787 the term jurisdiction was defined as:
30 “The authority by which judicial officers take cognizance of and decide causes.”
31 [Bouvier’s Law Dictionary 3rd Rev. 1914]
32 Instead of jurisdiction they could have used the word “boundaries” or words “exterior limits.” That would make
33 more sense to the common man with common knowledge. The basic definition of jurisdiction is the right and
34 power to interpret and apply the law. This definition is aptly applied to the courts in our judicial system, but how
35 do we apply that to our sentence? It still seems confusing. Another common, but not legal, definition of jurisdiction
36 is authority or control. (Am. Heritage Dict. 2nd college Ed.) That makes a little more sense but is still pretty vague.
37 So now we can say:
38 “But no new State shall be formed or erected within the authority or control of any other State. “
39 Until 1999 there was no legal definition of jurisdiction that had any connection with any physical boundaries of
40 land or any powers of government. ( with the exception of the territorial jurisdiction of a court which was defined
5 A government’s general power to exercise authority over all persons and things within its territory; esp., a state’s
6 power to create interests that will be recognized under common-law principles as valid in other states.”
7 [Black’s Law Dictionary, Eighth Edition]
8 No wonder this definition wasn’t available when they wrote the Constitution. It never would have been ratified
9 or adopted.
10 “The determination of the Framers Convention and the ratifying conventions to preserve complete and
11 unimpaired state self-government in all matters not committed to the general government is one of the plainest
12 facts which emerges from the history of their deliberations. And adherence to that determination is incumbent
13 equally upon the federal government and the states. State powers can neither be appropriated on the one hand
14 nor abdicated on the other. As this court said in Texas v. White, 7 Wall. 700, 725, 'The preservation of the
15 States, and the maintenance of their governments, are as much within the design and care of the Constitution
16 as the preservation of the Union and the maintenance of the National government. The Constitution, in all its
17 provisions, looks to an indestructible Union, composed of indestructible States.' Every journey to a forbidden end
18 begins with the first step; and the danger of such a step by the federal government in the direction of taking over
19 the powers of the states is that the end of the journey may find the states so despoiled of their powers, or-what
20 may amount to the same thing-so [298 U.S. 238, 296] relieved of the responsibilities which possession of the
21 powers necessarily enjoins, as to reduce them to little more than geographical subdivisions of the national
22 domain. It is safe to say that if, when the Constitution was under consideration, it had been thought that any such
23 danger lurked behind its plain words, it would never have been ratified.”
24 [Carter v. Carter Coal Co., 298 U.S. 238 (1936) ]
25 We believe now you can start to understand why they waited 200 years to reveal their secret definition of the
26 word “jurisdiction”.
27 We can now also understand Article 4, Section 3, Clause 1 of the U.S. Constitution to mean:
28 “But no contrasting Statutory State (de facto) shall be formed or erected within the territory of any other (de jure)
29 state.“
30 That makes perfect sense! Or does it? The word use of jurisdiction in this sentence was and is very confusing.
31 Why did they not use the word territory? Here is why.
32 “Territory - a part of a country separated from the rest, and subject to a particular jurisdiction. In American law
33 - a portion of the United States, not within the limits of any state, which has not yet been admitted as a state of
34 the Union, but is organized, with a separate legislature, and with executive and judicial officers appointed by
35 the president. “
36 [Black’s Law Dictionary, Second Edition, 1910]
37 The reason they didn’t use the word territory is because it states plainly the facts and would have given their plan
38 away, whereas the other words they used mean the same thing but are very confusing and hard to understand when
39 we apply our common definitions.
44 In Black’s Law 7th Ed., printed in 1999, they expanded the definition to include:
45 “2. Territory over which a government, one of its courts, or one of its subdivisions has jurisdiction.”
46 [Black’s Law Dictionary, Seventh Edition, p. 857]
7 It is time to look at the word “erect” in that sentence. Most of us would agree that the common definition of this
8 word would be to “construct or establish” and you would be correct in this general sense. But this is a legal
9 document therefore you should know the legal definition of such words. This is how Black's Law Dictionary,
10 Second Ed. defines it:
11 “Erect - One of the formal words of incorporation in royal charters. “
12 [Black’s Law Dictionary, Second Edition, p. 434]
13 “We do, incorporate, erect, ordain, name, constitute, and establish.” Does this sound familiar to anyone? Erect
14 means to incorporate and in general terms incorporate means to create a corporation, but let’s look further.
15 Incorporate - To unite with or blend indistinguishably into something already in existence.
16 [Am. Heritage Dict., Second Ed.]
17 “Incorporate. 1. To create a corporation; to confer a corporate franchise upon determinate persons. 2. To declare
18 that another document shall be taken as part of the document in which the declaration is made as much as if it
19 were set out at length therein. “
20 [Black’s Law Dictionary, 2nd Ed.]
21 The second definition is saying they can combine their corporate constitution with the republic’s constitution.
22 For absolute proof of this trick we have included a highlighted copy of Art. 5, Judicial Department, of the Texas
23 Constitution later so you may see how they did this.
24 It is now time to translate the first two sentences of Article 4, Section 3, Clause 1 of the U.S. Constitution with
25 the legal definitions provided above. The U.S. Constitution says,
26 “New States may be admitted by the Congress into this Union; But no new State shall be formed or erected within
27 the jurisdiction of any other state;”
28 When we define the words therein and apply the definitions to these two sentences, it reads thus:
29 “States that contrast in origin or character to their Republics may be admitted by the Congress into this Union;
30 But this contrasting corporate or federal state shall not have any authority or control, [“jurisdiction”], within
31 the other state or Republic which is under the Articles of Confederation, because this contrasting Statutory State
32 consists of territory or property ceded to the United States [Art. 1, Sect. 8, Cl. 17] that does not come within the
33 limits of the republics and are organized with a separate legislature and with executive and judicial officers
34 appointed by the president. Therefore by erecting or incorporating we will unite and blend indistinguishably into
35 the Republic while combining the constitution of the Republic with our federal state corporate constitution.
36 And we shall call this contrasting corporate federal state the “STATE OF TEXAS” or any other “STATE OF
37 __________ for that matter.
38 “For whatever is hidden is meant to be disclosed, and whatever is concealed is meant to be brought out into the
39 open. “
40 [Mark 4:22, New International Version, 1984]
41 The Congress has provided themselves with a safety net though in Art. 4, Sect. 3, Cl. 2. The first sentence of this
42 clause is quoted often, mainly for explaining the development and power of our legislative courts. The second
43 sentence in this clause is the one they wrote to safeguard themselves in case you figured out what Art. 4, Sect. 3,
44 Cl. 1 meant. Art. 4, Sect. 3, Cl. 2, second sentence:
3 Let’s use Black’s Law 8th Ed. to define the above sentence; and nothing in this Constitution shall be so (construed
4 - analyze and explain the meaning of the sentence or passage.) as to (prejudice - damage or detriment one’s legal
5 right or claims) any (claims - assertion of a legal right.) of the United States, or any particular State.
12 Those of you who question the true intentions of the men in charge of formulating our constitution need to read
13 this:
14 Commentaries on the Constitution of the United States (1833),
15 by Joseph L. Story
16 Book 3, Chapter 1
17 Origin and Adoption of the Constitution
19 § 276. The convention, at the same time, addressed a letter to congress, expounding their reasons for their acts,
20 from which the following extract cannot but be interesting. “It is obviously impracticable (says the address) in
21 the federal government of these states, to secure all rights of independent sovereignty to each, and yet provide
22 for the interest and safety of all. Individuals, entering into society, must give up a share of liberty to preserve
23 the rest. The magnitude of the sacrifice must depend, as well on situation and circumstance, as on the object
24 to be obtained. It is at all times difficult to draw with precision the line between those rights, which must be
25 surrendered, and those, which may be reserved; and on the present occasion this difficulty was increased by
26 difference among the several states, as to their situation, extent, habits, and particular interests. In all our
27 deliberations on this subject, we kept steadily in our view that, which appears to us the greatest interest of every
28 true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety, perhaps our
29 national existence. This important consideration, seriously and deeply impressed on our minds, led each state in
30 the convention to be less rigid on points of inferior magnitude, than might have been otherwise expected, And
31 thus the constitution, which we now present, is the result of a spirit of amity, and of that mutual deference and
32 concession, which the peculiarity of our political situation rendered indispensable.
33 (12 Journ. of Congress,109, 110; Journ. of Convention, 367, 368; 5 Marsh. Life of Wash. 129.) (emphasis added)
34 Are they kidding? Apparently not! Note that the rights and corresponding responsibilities they are referring to
35 above that had to be surrendered to join the Union are referred to collectively as “State of____”.
36 We can now confirm through the U.S. Constitution that the “State of Texas” is a federal (NOT “national”)
37 corporation consisting of property ceded to it by our Republic or sovereign state (recognized in the Articles of
38 Confederation). This property and the corporation that manages it is what the “State of Texas” consists of. This
39 “State of Texas” is the “body corporate” that makes up HALF of what all governments are. Recall that in order
40 to satisfy the legal definition of “government”, one must have BOTH a “body corporate” AND a “body politic”.
41 Both before and after the time when the Dictionary Act and § 1983 were passed, the phrase “bodies politic and
42 corporate” was understood to include the [governments of the] States. See, e.g., J. Bouvier, 1 A Law Dictionary
43 Adapted to the Constitution and Laws of the United States of America 185 (11th ed. 1866); W. Shumaker & G.
44 Longsdorf, Cyclopedic Dictionary of Law 104 (1901); Chisholm v. Georgia, 2 U.S. (2 Dall.) 419, 447, 1 L.Ed.
45 440 (1793) (Iredell, J.); id., at 468 (Cushing, J.); Cotton v. United States, 52 U.S. (11 How.) 229, 231, 13 L.Ed.
46 675 (1851) (“Every sovereign State is of necessity a body politic, or artificial person”); Poindexter v. Greenhow,
47 114 U.S. 270, 288, 5 S.Ct. 903, 29 L.Ed. 185 (1885); McPherson v. Blacker, 146 U.S. 1, 24, 13 S.Ct. 3, 6, 36
48 L.Ed. 869 (1892); Heim v. McCall, 239 U.S. 175, 188, 36 S.Ct. 78, 82, 60 L.Ed. 206 (1915). See also United
49 States v. Maurice, 2 Brock. 96, 109, 26 F.Cas. 1211 (CC Va.1823) (Marshall, C.J.) (“The United States is a
50 government, and, consequently, a body politic and corporate”); Van Brocklin v. Tennessee, 117 U.S. 151, 154,
51 6 S.Ct. 670, 672, 29 L.Ed. 845 (1886) (same). Indeed, the very legislators who passed § 1 referred to States in
52 these terms. See, e.g., Cong. Globe, 42d Cong., 1st Sess., 661-662 (1871) (Sen. Vickers) (“What is a State? Is *79
53 it not a body politic and corporate?”); id., at 696 (Sen. Edmunds) (“A State is a corporation”).
Corporatization and Privatization of the Government 157 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 The reason why States are “bodies politic and corporate” is simple: just as a corporation is an entity that can
2 act only through its agents, “[t]he State is a political corporate body, can act only through agents, and can
3 command only by laws.” Poindexter v. Greenhow, supra, 114 U.S., at 288, 5 S.Ct. at 912-913. See also Black’s
4 Law Dictionary 159 (5th ed. 1979) (“[B]ody politic or corporate”: “A social compact by which the whole people
5 covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for
6 the common good”). As a “body politic and corporate,” a State falls squarely within the Dictionary Act's
7 definition of a “person.”
8 While it is certainly true that the phrase “bodies politic and corporate” referred to private and public
9 corporations, see ante, at 2311, and n. 9, this fact does not draw into question the conclusion that this phrase
10 also applied to the States. Phrases may, of course, have multiple referents. Indeed, each and every dictionary
11 cited by the Court accords a broader realm-one **2317 that comfortably, and in most cases explicitly, includes
12 the sovereign-to this phrase than the Court gives it today. See 1B. Abbott, Dictionary of Terms and Phrases Used
13 in American or English Jurisprudence 155 (1879) (“[T]he term body politic is often used in a general way, as
14 meaning the state or the sovereign power, or the city government, without implying any distinct express
15 incorporation”); W. Anderson, A Dictionary of Law 127 (1893) (“[B]ody politic”: “The governmental, sovereign
16 power: a city or a State”); Black’s Law Dictionary 143 (1891) (“[B]ody politic”: “It is often used, in a rather
17 loose way, to designate the state or nation or sovereign power, or the government of a county or municipality,
18 without distinctly connoting any express and individual corporate charter”); 1A. Burrill, A Law Dictionary and
19 Glossary 212 (2d ed. 1871) (“[B]ody politic”: “A body to take in succession, framed by policy”;
20 “[p]articularly*80 applied, in the old books, to a Corporation sole”); id., at 383 (“Corporation sole” includes
21 the sovereign in England).
22 [Will v. Michigan Dept. of State Police, 491 U.S. 58, 109 S.Ct. 2304 (U.S.Mich.,1989)]
23 The “State of Texas” does not include your PRIVATE property, real or tangible, unless you have done any of the
24 following and thereby donated said property to a “public use” by availing yourself of the “benefits” of a
25 government franchise:
30 For further evidence of this corporate federal state we will now consider the document that annexed Texas into
31 the Union and see how it coincides perfectly with our interpretation of Article 4, Sect. 3, Cl. 1.
32 Joint Resolution
33 Annexing Texas to the United States
34 Source: Peters, Richard, ed., The Public Statutes at Large of the United States of America, v.5, pp. 797-798,
35 Boston, Chas. C. Little and Jas. Brown, 1850
36 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
37 That Congress doth consent that the territory properly included within and rightfully belonging to the Republic
38 of Texas, may be erected into a new State to be called the State of Texas, with a republican form of government
39 adopted by the people of said Republic, by deputies in convention assembled, with the consent of the existing
40 Government in order that the same may by admitted as one of the States of this Union.
41 2. And be it further resolved, That the foregoing consent of Congress is given upon the following conditions, to
42 wit: First, said state to be formed, subject to the adjustment by this government of all questions of boundary that
43 may arise with other government, --and the Constitution thereof, with the proper evidence of its adoption by the
44 people of said Republic of Texas, shall be transmitted to the President of the United States, to be laid before
45 Congress for its final action on, or before the first day of January, one thousand eight hundred and forty-six.
46 Second, said state when admitted into the Union, after ceding to the United States all public edifices, fortifications,
47 barracks, ports and harbors, navy and navy yards, docks, magazines and armaments, and all other means
48 pertaining to the public defense, belonging to the said Republic of Texas, shall retain funds, debts, taxes and dues
49 of every kind which may belong to, or be due and owing to the said Republic; and shall also retain all the vacant
50 and unappropriated lands lying within its limits, to be applied to the payment of the debts and liabilities of said
51 Republic of Texas, and the residue of said lands, after discharging said debts and liabilities, to be disposed of as
52 said State may direct; but in no event are said debts and liabilities to become a charge upon the Government of
53 the United States. Third -- New States of convenient size not exceeding four in number, in addition to said State
54 of Texas and having sufficient population, may, hereafter by the consent of said State, be formed out of the
55 territory thereof, which shall be entitled to admission under the provisions of the Federal Constitution; and such
56 states as may be formed out of the territory lying south of thirty-six degrees thirty minutes north latitude,
57 commonly known as the Missouri Compromise Line, shall be admitted into the Union, with or without slavery, as
58 the people of each State, asking admission shall desire; and in such State or States as shall be formed out of said
3 3. And be it further resolved, That if the President of the United States shall in his judgment and discretion deem
4 it most advisable, instead of proceeding to submit the foregoing resolution of the Republic of Texas, as an overture
5 on the part of the United States for admission, to negotiate with the Republic; then,
6 Be it resolved, That a State, to be formed out of the present Republic of Texas, with suitable extent and boundaries,
7 and with two representatives in Congress, until the next appointment of representation, shall be admitted into the
8 Union, by virtue of this act, on an equal footing with the existing States, as soon as the terms and conditions of
9 such admission, and the cession of the remaining Texian territory to the United States shall be agreed upon by
10 the governments of Texas and the United States: And that the sum of one hundred thousand dollars be, and the
11 same is hereby, appropriated to defray the expenses of missions and negotiations, to agree upon the terms of said
12 admission and cession, either by treaty to be submitted to the Senate, or by articles to be submitted to the two
13 houses of Congress, as the President may direct.
15 Let’s analyze and interpret the first paragraph by inserting the definitions above after the key words which have
16 been capitalized.
17 “That Congress doth consent that the TERRITORY [a portion of the United States, not within the limits of any
18 state, which has not yet been admitted as a state of the Union, but is organized, with a separate legislature, and
19 with executive and judicial officers appointed by the president. (Blk’s Law, 2nd Ed.)] which [Congress shall have
20 Power to exercise exclusive Legislation in all Cases whatsoever, • • • • and to exercise like Authority over all
21 Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of
22 Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; (Art. 1, Sect. 8, Cl. 17)] properly included
23 within and rightfully belonging to the Republic of Texas, may be ERECTED [incorporated as united with or
24 blended indistinguishably into something already in existence (Am. Heritage Dict. 2nd Ed.)] and To declare that
25 another document shall be taken as part of the document in which the declaration is made as much as if it were
26 set out at length therein). [Blk’s Law, 2nd Ed.] into a NEW [contrasting the date, origin, or character of one
27 thing with the corresponding attributes of another thing of the same kind or class. (Black’s Law Dictionary, 2nd
28 Ed.)] State to be called the State of Texas, with a republican form of government adopted by the people of said
29 Republic, by deputies in convention assembled, with the consent of the existing Government in order that the same
30 may be admitted as one of the States of this Union.
31 Can you see how this document corresponds beautifully with Art. 4, Sect. 3, Cl. 1 of the Constitution. These
32 TRAITORS were geniuses! Also, take notice that the word “State” is capitalized in this joint resolution and refers
33 to the corporate or federal State since it is the congress who is authoring this document. (Rules of capitalization
34 and Statutory construction.) The word “state,” in blue represents the republic since it is the foreign state in this
35 federal document. These roles will be reversed when you are reading the Texas Constitution because the sovereign
36 authoring that document (Texas Constitution) is the people of the Republic of Texas.
37 To verify that the government has actually combined the two constitutions, download a copy of the Texas
38 Constitution and or Statutes at
http://www.constitution.legis.state.tx.us/
39 ..then type in the find box the word “state.” As you click on “Find next” you will notice that the word state is
40 sometimes capitalized and other times it is written with a small “s.” According to the rules of grammar the capital
41 “S” denotes the sovereign who is writing the document which would be the Republic, and the small “s” denotes
42 the foreign state, the corporate or federal state.
43 The following is a highlighted example from Article 5, Section 3 of the Texas Constitution. You will notice even
44 the Republic’s Supreme Court is capitalized and not the supreme court of the Statutory State. The de jure state
45 (republic) is in blue, and the de facto state (corporation) is in red. You will find this anomaly throughout the entire
46 Texas Constitution.
47 TEXAS CONSTITUTION
48 ARTICLE 5, JUDICIAL DEPARTMENT
8 Sec. 3-c. JURISDICTION TO ANSWER QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL
9 APPELLATE COURT. (a) The supreme court and the court of criminal appeals have jurisdiction to answer
10 questions of state law certified from a federal appellate court.
11 (b) The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the
12 review of those questions.
14
15 Sec. 4. COURT OF CRIMINAL APPEALS; JUDGES. (a) The Court of Criminal Appeals shall consist of eight
16 Judges and one Presiding Judge. The Judges shall have the same qualifications and receive the same salaries as
17 the Associate Justices of the Supreme Court, and the Presiding Judge shall have the same qualifications and
18 receive the same salary as the Chief Justice
19 The conclusion (for the moment) to this story is, THE STATE OF TEXAS IS A STATE OF THE UNION UNDER
20 THE CONSTITUTION, BUT IT IS NOT SOVEREIGN! IT IS A CORPORATION! THE CONSTITUTION IS
21 THEIR CORPORATE CHARTER. THE REPUBLIC OR SOVEREIGN state OF TEXAS IS SOVEREIGN
22 AND IS ONE OF THE STATES OF THE UNITED STATES OF AMERICA UNDER THE ARTICLES
23 OF CONFEDERATION! PLEASE UNDERSTAND THE DIFFERENCE.
24 For conclusive proof that the “State of Texas” is a corporate federal state please see the Statutes at Large of the
25 United States of America from Dec. 1, 1845 to March 3, 1851 Volume IX. It states in pertinent part:
26 “Chapter I - An Act to extend the Laws of the United States over the State of Texas, and for other Purposes.
27 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
28 That all the laws of the United States are hereby declared to extend to and over, and to have full force and effect
29 within the State of Texas, admitted at the present session of Congress into the Confederacy AND Union of the
30 United States. (emphasis added)”
31 [Statutes at Large of the United States of America from Dec. 1, 1845 to March 3, 1851 Volume IX]
32 Note the language above “into the Confederacy AND Union”. The Confederacy they are talking about is that
33 established under the Articles of Confederation, which identify themselves as “perpetual” and continue to this
34 day. The “Union” they are referring to is that established by the USA Constitution.
35 We have been deceived by what is called “words of art.” The men involved in creating the United States
36 Constitution committed treason and were traitors. That would especially include George Washington. We believe
37 Benjamin Franklin was quoted as saying: “We have given you a republic if you can keep it.” We don’t know
38 about you folks, but we think he knew what was going on also! The American people were deceived from the
39 beginning. But that doesn’t matter now because our Constitutions and our Declaration of Independence say we
40 can abolish our government any time we want.
41 I believe being armed with this information we can now challenge each and every public official in our government
42 to either represent our republic, resign or be prosecuted as an enemy of our state. Their choice!
43 . . .“that whenever any Form of Government becomes destructive of these ends, it is the Right of the People to
44 alter or to abolish it, and to institute new Government, laying its Foundation on such Principles and organizing
45 its Powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
2 Remember both of our Constitutions, U.S. and Texas, guarantee us a republican form of government and the
3 common law. The Texas constitution: Article 1, Sec.2. says:
4 “INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT.
5 All political power is inherent in the people, and all free governments are founded on their authority, and
6 instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican
7 form of government, and, subject to this limitation only, they have at all times the inalienable right to alter,
8 reform or abolish their government in such manner as they may think expedient.”
9 [Texas Constitution: Article 1, Sec.2]
11 “WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator
12 with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness—That to
13 secure these Rights, Governments are instituted among Men, deriving their just powers from the consent of
14 the governed, that whenever any Form of Government becomes destructive of these ends, it is the Right of the
15 People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles and
16 organizing its Powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
17 [Declaration of Independence]
18 All good things come from God. He is the only one you owe allegiance to. Put him first and the rest will fall in
19 place, including government. I have provided you with the evidence. It is now up to you to change your
20 circumstances. No one can do it for you. That is the whole concept of being self-governing and keeping or getting
21 back your Liberty. Those of you who enjoy the subsidies of the U.S. or State governments and remain statutory
22 “U.S. Citizens” cannot complain about paying taxes or the unfairness of the laws and regulations. You can only
23 be governed by your consent as evidenced in the Declaration of Independence.
24 10.3 Territories formed AFTER the ratification of the Constitution (“Territory of____”)
25 Subsequent to the ratification of the USA Constitution, lands to the west of the colonies were organized into
26 territories by act of Congress. While in the status of being a “territory”, they are regarded as corporations:
27 At common law, a "corporation" was an "artificial perso[n] endowed with the legal capacity of perpetual
28 succession" consisting either of a single individual (termed a "corporation sole") or of a collection of several
29 individuals (a "corporation aggregate"). 3 H. Stephen, Commentaries on the Laws of England 166, 168 (1st Am.
30 ed. 1845). The sovereign was considered a corporation. See id., at 170; see also 1 W. Blackstone, Commentaries
31 *467. Under the definitions supplied by contemporary law dictionaries, Territories would have been classified
32 as "corporations" (and hence as "persons") at the time that 1983 was enacted and the Dictionary Act
33 recodified. See W. Anderson, A Dictionary of Law 261 (1893) ("All corporations were originally modeled upon
34 a state or nation"); 1 J. Bouvier, A Law Dictionary Adapted to the Constitution and Laws of the United States of
35 America 318-319 (11th ed. 1866) ("In this extensive sense the United States may be termed a corporation"); Van
36 Brocklin v. Tennessee, 117 U.S. 151, 154 (1886) ("`The United States is a . . . great corporation . . . ordained and
37 established by the American people'") (quoting United [495 U.S. 182, 202] States v. Maurice, 26 F.Cas. 1211,
38 1216 (No. 15,747) (CC Va. 1823) (Marshall, C. J.)); Cotton v. United States, 11 How. 229, 231 (1851) (United
39 States is "a corporation"). See generally Trustees of Dartmouth College v. Woodward, 4 Wheat. 518, 561-562
40 (1819) (explaining history of term "corporation").
41 [Ngiraingas v. Sanchez, 495 U.S. 182 (1990)]
42 The big question is WHICH of the TWO TYPES of corporations are they in relation to the general/national
43 government?:
46 In fact, they are the latter: NATIONAL and not FEDERAL corporations. Here is a hint:
47 “Indeed, the practical interpretation put by Congress upon the Constitution has been long continued and uniform
48 to the effect [182 U.S. 244, 279] that the Constitution is applicable to territories acquired by purchase or
49 conquest, only when and so far as Congress shall so direct. Notwithstanding its duty to 'guarantee to every
Corporatization and Privatization of the Government 161 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 state in this Union a republican form of government' (art. 4, 4), by which we understand, according to the
2 definition of Webster, 'a government in which the supreme power resides in the whole body of the people, and
3 is exercised by representatives elected by them,' Congress did not hesitate, in the original organization of the
4 territories of Louisiana, Florida, the Northwest Territory, and its subdivisions of Ohio, Indiana, Michigan,
5 Illinois, and Wisconsin and still more recently in the case of Alaska, to establish a form of government bearing
6 a much greater analogy to a British Crown colony than a republican state of America, and to vest the legislative
7 power either in a governor and council, or a governor and judges, to be appointed by the President. It was not
8 until they had attained a certain population that power was given them to organize a legislature by vote of the
9 people. In all these cases, as well as in territories subsequently organized west of the Mississippi, Congress
10 thought it necessary either to extend to Constitution and laws of the United States over them, or to declare that
11 the inhabitants should be entitled to enjoy the right of trial by jury, of bail, and of the privilege of the writ of
12 habeas corpus, as well as other privileges of the bill of rights.”
13 [Downes v. Bidwell, 182 U.S. 244 (1901)]
30 The following reference from the Corpus Juris Secundum (CJS) legal encyclopedia confirms that above
31 conclusions and the proper legal relationship between a Territory (“Territory of___”) and a Constitutional State
32 (“State of_____”) by identifying a FEDERAL/CONSTITUTIONAL “State” as a legislatively “foreign state” in
33 relation to both “territories” AND ordinary acts of Congress (the “national government”). By “ordinary act of
34 Congress” is meant the Internal Revenue Code, for instance:
35 "§1. Definitions, Nature, and Distinctions
36 "The word 'territory,' when used to designate a political organization has a distinctive, fixed, and legal
37 meaning under the political institutions of the United States, and does not necessarily include all the territorial
38 possessions of the United States, but may include only the portions thereof which are organized and exercise
39 governmental functions under act of congress."
40 "While the term 'territory' is often loosely used, and has even been construed to include municipal subdivisions
41 of a territory, and 'territories of the' United States is sometimes used to refer to the entire domain over which the
42 United States exercises dominion, the word 'territory,' when used to designate a political organization, has a
43 distinctive, fixed, and legal meaning under the political institutions of the United States, and the term 'territory'
44 or 'territories' does not necessarily include only a portion or the portions thereof which are organized and
45 exercise government functions under acts of congress. The term 'territories' has been defined to be political
46 subdivisions of the outlying dominion of the United States, and in this sense the term 'territory' is not a description
47 of a definite area of land but of a political unit governing and being governed as such. The question whether a
48 particular subdivision or entity is a territory is not determined by the particular form of government with which
49 it is, more or less temporarily, invested.
50 "Territories' or 'territory' as including 'state' or 'states." While the term 'territories of the' United States may,
51 under certain circumstances, include the states of the Union, as used in the federal Constitution and in
52 ordinary acts of congress "territory" does not include a foreign state.
53 "As used in this title, the term 'territories' generally refers to the political subdivisions created by congress,
54 and not within the boundaries of any of the several states."
2 The U.S. Supreme Court also identified the territories as NOT being included geographically within the “United
3 States” as used in the USA Constitution OR within the meaning of “State” as used in the USA Constitution:
4 It is sufficient to observe in relation to these three fundamental instruments [Articles of Confederation, the United
5 States Constitution, and the Treaty of Peace with Spain], that it can nowhere be inferred that the *251 territories
6 were considered a part of the United States. The Constitution was created by the people of the United States, as
7 a union of states, to be governed solely by representatives of the states; and even the provision relied upon here,
8 that all duties, imposts, and excises shall be uniform ‘throughout the United States,’ is explained by subsequent
9 provisions of the Constitution, that ‘no tax or duty shall be laid on articles exported from any state,’ and ‘no
10 preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another;
11 nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another.’ In short, the
12 Constitution deals with states, their people, and their representatives.
13 [. . .]
14 "The earliest case is that of Hepburn v. Ellzey, 2 Cranch, 445, 2 L.Ed. 332, in which this court held that, under
15 that clause of the Constitution limiting the jurisdiction of the courts of the United States to controversies between
16 citizens of different states, a citizen of the District of Columbia could not maintain an action in the circuit court
17 of the United States. It was argued that the word 'state.' in that connection, was used simply to denote a distinct
18 political society. 'But,' said the Chief Justice, 'as the act of Congress obviously used the word 'state' in reference
19 to that term as used in the Constitution, it becomes necessary to inquire whether Columbia is a state in the sense
20 of that instrument. The result of that examination is a conviction that the members of the American confederacy
21 only are the states contemplated in the Constitution , . . . and excludes from the term the signification attached
22 to it by writers on the law of nations.' This case was followed in Barney v. Baltimore, 6 Wall. 280, 18 L.Ed.
23 825, and quite recently in Hooe v. Jamieson, 166 U.S. 395 , 41 L.Ed. 1049, 17 Sup.Ct. Rep. 596. The same rule
24 was applied to citizens of territories in New Orleans v. Winter, 1 Wheat. 91, 4 L.Ed. 44, in which an attempt
25 was made to distinguish a territory from the District of Columbia. But it was said that 'neither of them is a
26 state in the sense in which that term is used in the Constitution.' In Scott v. Jones, 5 How. 343, 12 L.Ed. 181,
27 and in Miners' Bank v. Iowa ex rel. District Prosecuting Attorney, 12 How. 1, 13 L.Ed. 867, it was held that under
28 the judiciary act, permitting writs of error to the supreme court of a state in cases where the validity of a state
29 statute is drawn in question, an act of a territorial legislature was not within the contemplation of Congress."
30 [Downes v. Bidwell, 182 U.S. 244 (1901)]
31 10.4 State corporations are NOT federal corporations or “persons” under federal law
32 Another very important concept we wish to emphasize is that a state-chartered corporation is NOT a “person” or
33 a “corporation” under federal law. This limitation is imposed by the constitutional separation of powers between
34 the state and national governments.
35 "A corporation is a citizen, resident, or inhabitant of the state or country by or under the laws of which it was
36 created, and of that state or country only."
37 [19 Corpus Juris Secundum (C.J.S.), Corporations, §886 (2003)]
38 ________________________________________________________________________________
39 "It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which
40 it is created. It exists only in contemplation of law, and by force of the law; and where the law ceases to operate,
41 and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and
42 cannot migrate to another sovereignty."
43 [Bank of Augusta v. Earle, 38 U.S. (13 Pet.) 519, 10 L.Ed. 274 (1839)]
44 Only those domiciled on federal territory can be “persons” under federal civil law. This fact is recognized within
45 Federal Rule of Civil Procedure 17(b). Note that it says in the case of an individual, the individual’s DOMICILE
46 determines the laws under which he or she can be sued:
47 Federal Rules of Civil Procedure
48 IV. PARTIES > Rule 17.
49 Rule 17. Parties Plaintiff and Defendant; Capacity
2 (2) for a corporation, by the law under which it was organized; and
3 (3) for all other parties, by the law of the state where the court is located, except that:
4 (A) a partnership or other unincorporated association with no such capacity under that state's law may
5 sue or be sued in its common name to enforce a substantive right existing under the United States
6 Constitution or laws; and
7 (B) 28 U.S.C. §§754 and 959(a) govern the capacity of a receiver appointed by a United States court to
8 sue or be sued in a United States court.
10 1. ALL law that is cited in civil court MUST derive from the domicile of the parties.
11 2. You can only be domiciled in ONE place at a time. This means that you cannot SIMULTANEOUSLY be domiciled
12 within FEDERAL jurisdiction and STATE jurisdiction at the same time.
13 3. If one is acting in a representative capacity on behalf of an entity incorporated in a legislatively foreign jurisdiction, the
14 civil law which applies is that of the domicile of the entity and not the person RERPRESENTING the entity.
15 4. The only way that a human being NOT domiciled on federal territory can be subject to federal law is to
16 VOLUNTARILY REPRESENT a federal corporation which itself is domiciled on federal territory and created under
17 FEDERAL and not STATE law. Such is the case of those engaging in a statutory “trade or business” per 26 U.S.C.
18 §7701(a)(26), which is a public office within the FEDERAL and not STATE government. All “taxpayers” are, in fact,
19 such public officers under Internal Revenue Code, Subtitles A and C. This is covered in:
Why Your Government is Either a Thief or You are a “Public Officer” for Income Tax Purposes, Form #05.008
http://sedm.org/Forms/FormIndex.htm
20 If you would like to know more about the subject of domicile, please consult the following:
Why Domicile and Becoming a “Taxpayer” Require Your Consent, Form #05.002
http://sedm.org/Forms/FormIndex.htm
21 10.5 How STATE corporations are ILLEGALLY turned into FEDERAL corporations
22 The federal income tax system is an excise and a franchise upon public offices within the U.S. government. This
23 is exhaustively proven in:
24 The separation of powers doctrine forbids the enforcement of federal civil law within states of the Union OR the
25 enforcement of any federal franchise within the borders of a constitutional state. This is exhaustively proven in:
26 The only way that a corporation chartered under the laws of a constitutional state can ALSO be treated as a
27 “corporation” under FEDERAL law is to misrepresent their status on a government form or to apply for federal
28 “benefit” or franchises that they aren’t legally allowed to participate in. The reason they are not legally allowed
29 to participate is because:
30 1. The U.S. government may not authorize or license any activity within a constitutional state in order to tax it, as held by
31 the U.S. Supreme Court:
32 “Thus, Congress having power to regulate commerce with foreign nations, and among the several States, and
33 with the Indian tribes, may, without doubt, provide for granting coasting licenses, licenses to pilots, licenses to
4 But very different considerations apply to the internal commerce or domestic trade of the States. Over this
5 commerce and trade Congress has no power of regulation nor any direct control. This power belongs
6 exclusively to the States. No interference by Congress with the business of citizens transacted within a State is
7 warranted by the Constitution, except such as is strictly incidental to the exercise of powers clearly granted to
8 the legislature. The power to authorize a business within a State is plainly repugnant to the exclusive power of
9 the State over the same subject. It is true that the power of Congress to tax is a very extensive power. It is given
10 in the Constitution, with only one exception and only two qualifications. Congress cannot tax exports, and it must
11 impose direct taxes by the rule of apportionment, and indirect taxes by the rule of uniformity. Thus limited, and
12 thus only, it reaches every subject, and may be exercised at discretion. But, it reaches only existing subjects.
13 Congress cannot authorize a trade or business within a State in order to tax it.”
14 [License Tax Cases, 72 U.S. 462, 18 L.Ed. 497, 5 Wall. 462, 2 A.F.T.R. 2224 (1866)]
16 “It is no longer open to question that the general government, unlike the states, Hammer v. Dagenhart, 247 U.S.
17 251, 275 , 38 S.Ct. 529, 3 A.L.R. 649, Ann.Cas.1918E 724, possesses no inherent power in respect of the internal
18 affairs of the states; and emphatically not with regard to legislation.“
19 [Carter v. Carter Coal Co., 298 U.S. 238, 56 S.Ct. 855 (1936)]
20 3. It is often and crime AND a violation of the state constitution for any STATE officer, such as an officer of a STATE
21 corporation, to SIMULTANEOUSLY act as an officer of the federal government.
22 “No one can serve two masters; for either he will hate the one and love the other, or else he will be loyal to the
23 one and despise the other. You cannot serve God and mammon.”
24 [Matt. 6:23-25, Bible, NKJV]
25 This type of crime is called a financial conflict of interest and it applies not only to officers of a STATE corporation,
26 but the JUDGES in both state and federal court as well. This means that judges ALSO cannot simultaneously be
27 STATE “taxpayers” and FEDERAL “taxpayers” if the activity subject to tax is a public office in BOTH governments.
28 See 18 U.S.C. §208, 28 U.S.C. §455, 28 U.S.C. §144, and the state laws listed in:
The “Trade or Business” Scam, Form #05.001, Section 10.2
http://sedm.org/Forms/FormIndex.htm
29 4. Even to this day, there is NO definition of “State” within any national franchise which EXPRESSLY includes a
30 CONSTITUTIONAL state or anything other than a federal territory or possession. Therefore, by the rules of statutory
31 construction, CONSTITUTIONAL states are PURPOSEFULLY excluded.
32 “Expressio unius est exclusio alterius. A maxim of statutory interpretation meaning that the expression of one
33 thing is the exclusion of another. Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d. 321, 325; Newblock v. Bowles,
34 170 Okl. 487, 40 P.2d. 1097, 1100. Mention of one thing implies exclusion of another. When certain persons or
35 things are specified in a law, contract, or will, an intention to exclude all others from its operation may be
36 inferred. Under this maxim, if statute specifies one exception to a general rule or assumes to specify the effects
37 of a certain provision, other exceptions or effects are excluded.”
38 [Black’s Law Dictionary, Sixth Edition, p. 581]
39 "When a statute includes an explicit definition, we must follow that definition, even if it varies from that term's
40 ordinary meaning. Meese v. Keene, 481 U.S. 465, 484-485 (1987) ("It is axiomatic that the statutory definition
41 of the term excludes unstated meanings of that term"); Colautti v. Franklin, 439 U.S. at 392-393, n. 10 ("As a
42 rule, `a definition which declares what a term "means" . . . excludes any meaning that is not stated'"); Western
43 Union Telegraph Co. v. Lenroot, 323 U.S. 490, 502 (1945) ; Fox v. Standard Oil Co. of N.J., 294 U.S. 87, 95-96
44 (1935) (Cardozo, J.); see also 2A N. Singer, Sutherland on Statutes and Statutory Construction § 47.07, p. 152,
45 and n. 10 (5th ed. 1992) (collecting cases). That is to say, the statute, read "as a whole," post at 998 [530 U.S.
46 943] (THOMAS, J., dissenting), leads the reader to a definition. That definition does not include the Attorney
47 General's restriction -- "the child up to the head." Its words, "substantial portion," indicate the contrary."
48 [Stenberg v. Carhart, 530 U.S. 914 (2000)]
49 Consequently, it is ILLEGAL and a criminal impersonation of a public office in the U.S. government pursuant to
50 18 U.S.C. §912 for a STATE chartered corporation to apply for, use, or receive the “benefits” of use of any
51 national identify number. All such numbers function as the equivalent of a what we call “a de facto license to
52 represent a federal public office”. This is covered later in section 17.1. At the point when it commits this crime,
5 1. “Republic of__” means the sovereign state under the Articles of Confederation. The Articles of Confederation have
6 never been repealed and refer to themselves as “perpetual”. They preceded the U.S.A. Constitution.
7 2. “State of__” is a federal (NOT “national”, but “federal”) corporation under the corporate charter, the United States
8 Constitution.
9 3. The “State of___” constitutional corporations are “foreign corporations” in relation to the national government.
10 Another way of stating this is that they are legislatively but not constitutionally foreign.
11 "A federal corporation operating within a state is considered a domestic corporation rather than a foreign
12 corporation. The United States government is a foreign corporation with respect to a state."
13 [19 Corpus Juris Secundum (C.J.S.), Corporations, §883 (2003)]
14 4. The property held in public trust and managed by the Constitutional federal corporations consists of:
15 4.1. The authority and powers delegated by the Constitution.
16 4.2. The community chattel property and land held in trust and on behalf of the national government.
17 5. The provisions of Art. 4, Section 3, Clause 1 prohibiting the creation of a “State within a State” refers to
18 GEOGRAPHICAL states rather than VIRTUAL CORPORATIONS, or statutory “States” (under federal law).
19 6. It is a violation of fiduciary duty and a violation of the separation of powers for the officers of the constitutional state
20 corporations to ALSO serve as public officers within the national government. Hence, these public corporations may
21 not be regulated by the national government. Only when individual officers exceed their authority may they be
22 brought within a federal court under the authority of the Fourteenth Amendment and 42 U.S.C. §1983.
23 7. There are 3 states of Texas, as there are 3 states of all of the original 13 states. The other states came up the
24 commercial side into statehood as commercial territories and therefore never had a sovereign nation statehood.
25 7.1. The state called “the state of Texas” is the dirt within the outer borders of Texas and the people sojourning on top
26 of the land who came from God in Heaven.
27 7.2. The state called “the State of Texas” is the people collectively operating in their sovereign commercial capacity
28 through their lawfully elected house, senate, Secretary of State, Department of Treasury, and governor. Today we
29 only have “comptrollers” which are only commercial fascist corporate bean counters of "this state."
30 7.3. The state called “this state” is a legal subdivision of “the state of Texas” and of "the United States" called “THE
31 STATE OF TEXAS” and is a communitarian welfare benefit plantation subsidiary of “the United States,” a
32 “district,” as defined on the CIA website, and the benefits are administered though the Texas State Department of
33 Labor, as are the benefits administered in all other states for their respective legal subdivisions, because the
34 benefits of "the United States" delivered are in relationship to the labor of the people/employees/slaves and their
35 ability to be taxed for the payment of the tribute and the interest on the debt of “the United States”, which
36 unapportioned debt service is applied to statutory “U.S. citizens”/”persons”/”employees”/slaves and collected
37 through the clause 4 of the 14th Amendment.
38 8. The three states, “state of ____”, “State of___”, and “this state”, are NOT equivalent or the same legal “person”
39 because they have different capitalization. It is a maxim of law that nothing similar is the same. Therefore, each is a
40 DIFFERENT entity with different properties, jurisdictions, courts, and officers.
41 “Quando duo juro concurrunt in und person, aequum est ac si essent in diversis.
42 When two [OR MORE] rights concur in one person, it is the same as if they were in two separate persons. 4 Co.
43 118.”
44 [Bouvier’s Maxims of Law, 1856;
45 SOURCE: http://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm]
46 9. The several counties of this state are “legal” subdivisions of the state as defined in the Texas Constitution of 1876 at
47 Article 11, Section 1.
48 10. There can be no sovereign Texas judiciary in Article 5 of the Texas Constitution, because on November 5, 1985 the
49 people amended out of the constitution at Article 5, Section 12, the right of the judiciary to issue writs and process in
50 the name of the lawful collective of the people commercial state called “the State of Texas.” All law now moves only
51 by private contract.
8 For those who are VISUAL learners, we have constructed the following table to show the CORPORATE
9 relationships WITHIN each state that have just documented.
10
4 1. If the perjury statement says “under the laws of the State of___” as the voter registration or driver’s license forms in
5 California currently do, then:
6 1.1. You have surrendered the protection of the common law.
7 1.2. You have DIVORCED yourself from the Republic and surrendered your right to have or to own EXCLUSIVELY
8 PRIVATE property.
9 1.3. You have agreed to become a public officer within the “State of_____”. Since the “State of___” has no
10 TERRITORY of its own but only chattel property, it is a VIRTUAL entity that one can only become subject to
11 the LAWS of by contracting into it.
12 2. The only kind of perjury statement you can sign if you want to maintain your EXCLUSLIVELY PRIVATE,
13 legislatively “foreign”, and “alien” status is:
14 2.1. “under the laws of the REPUBLIC OF _____ and NOT STATE OF_____”.
15 2.2. From WITHOUT the “United States” and from WITHIN the “United States of America” per 28 U.S.C. §1746(1).
16 11 Corporate “Franchisees” are “residents” and “trustees” of the entity granting the privilege49
17 Governments cannot create corporate franchises without also bestowing upon themselves the ability to regulate
18 all those who participate in order to fulfill the purposes of the franchise. Private persons are not subject to
19 government jurisdiction by default.
20 “The power to "legislate generally upon" [PRIVATE] life, liberty, and property, as opposed to the "power to
21 provide modes of redress" against offensive state [e.g. “public”] action, was "repugnant" to the Constitution. Id.,
22 at 15. See also United States v. Reese, 92 U.S. 214, 218 (1876) ; United States v. Harris, 106 U.S. 629, 639 (1883)
23 ; James v. Bowman, 190 U.S. 127, 139 (1903) . Although the specific holdings of these early cases might have
24 been superseded or modified, see, e.g., Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964) ; United
25 States v. Guest, 383 U.S. 745 (1966) , their treatment of Congress' §5 power as corrective or preventive, not
26 definitional, has not been questioned.”
27 [City of Boerne v. Florez, Archbishop of San Antonio, 521 U.S. 507 (1997) ]
28 Likewise, governments can only lawfully tax those things that they create.
29 “What is a Constitution? It is the form of government, delineated by the mighty hand of the people, in which
30 certain first principles of fundamental laws are established. The Constitution is certain and fixed; it contains the
31 permanent will of the people, and is the supreme law of the land; it is paramount to the power of the Legislature,
32 and can be revoked or altered only by the authority that made it. The life-giving principle and the death-doing
33 stroke must proceed from the same hand.”
34 [VanHorne's Lessee v. Dorrance, 2 U.S. 304 (1795)]
35 “The great principle is this: because the constitution will not permit a state to destroy, it will not permit a law
36 [including a tax law] involving the power to destroy. ”
37 [Providence Bank v. Billings, 29 U.S. 514 (1830)]
38 "The power to tax involves the power to destroy; the power to destroy may defeat and render useless the power
39 to create; and there is a plain repugnance in conferring on one government [THE FEDERAL
40 GOVERNMENT] a power to control the constitutional measures of another [WE THE PEOPLE], which other,
41 with respect to those very measures, is declared to be supreme over that which exerts the control."
42 [Van Brocklin v. State of Tennessee, 117 U.S. 151 (1886)]
43 The purpose of offering franchises and incorporating the government is to increase government revenues, power,
44 and control over private citizens at the expense of their liberty, happiness, and property and to their extreme
45 detriment.
46 "The sentiments of men are known not only by what they receive, but what they reject also."
47 [Thomas Jefferson: Autobiography, 1821. ME 1:28]
49
Adapted from Sovereignty Forms and Instructions Manual, Form #10.005, Section 1.21.4.
4 “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”
5 [Benjamin Franklin]
7 1. When you sign up for a government franchise such as Social Security, Medicare, Unemployment, Employment, etc., you
8 create a constructive trust and a “res” that is the subject of the trust.
9 2. The “res” becomes a “resident” within the jurisdiction of the government granting the franchise. This “resident”
10 effectively is a statutory “alien” with a legal domicile within federal territory.
11 3. All franchisees are treated as officers of a federal corporation subject to federal law.
12 4. All franchisees are treated as “public officers” within the federal corporation subject to the penalty provisions of the
13 I.R.C. pursuant to 26 U.S.C. §6671(b) and criminal provisions pursuant to 26 U.S.C. §7343.
14 Notice in the above that we use the phrase “are treated as” rather than “become”. It is our contention that federal
15 franchises cannot be used to create new public offices anywhere outside the District of Columbia, but rather add
16 additional privileges to EXISTING public offices lawfully created under Title 5 of the U.S. Code. In fact, we
17 prove elsewhere and in the following that offering franchises to otherwise PRIVATE human beings domiciled
18 outside of federal territory is a criminal act of bribery that amounts to treason and a destruction of the separation
19 of powers doctrine:
20 11.1 Why franchisees are all privileged “aliens” and NOT sovereign nonresident nationals
21 The Original Thirteenth Amendment to the United States Constitution, lawfully ratified in 1812 made it not only
22 an offense, but an expatriating act to confer, retain, or receive any title of nobility. That amendment was proposed
23 in 1810 and officially adopted in 1812. The Original Thirteenth Amendment reads as follows:
24 "If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall
25 without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind
26 whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the united
27 States, and shall be incapable of holding any office of trust or profit under them, or either of them."
28 [Original 13th Amendment to the Constitution for the united states of America]
29 To lose one’s citizenship and nationality is called “expatriation” within the legal field.
30 "Expatriation is the voluntary renunciation or abandonment of nationality and allegiance." Perkins v. Elg.,
31 1939, 307 U.S. 325, 59 S.Ct. 884, 83 L.Ed. 1320. In order to be relieved of the duties of allegiance, consent of
32 the sovereign is required. Mackenzi v. Hare, 1915, 239 U.S. 299, 36 S.Ct. 106, 60 L.Ed. 297. Congress has
33 provided that the right of expatriation is a natural and inherent right of all people, and has further made a
34 legislative declaration as to what acts shall amount to an exercise of such right. The enumerated methods set out
35 in the chapter are expressly made the sole means of expatriation."
37 "The renunciations not being given a result of free and intelligent choice, but rather because of mental fear,
38 intimidation and coercion, they were held void and of no effect."
39 [Tomoya Kawakita v. United States, 190 F.2d. 506 (1951)]
40 Those who have been expatriated from a state become “aliens” in relation to that state. If they are also
41 domiciliated, meaning they have a domicile on federal territory, they become privileged “residents” (aliens) in
42 relation to both the de jure state and the Statutory State.
5 Articles of Confederation
6 Article VI.
7 No State, without the consent of the United States in Congress assembled, shall send any embassy to, or receive
8 any embassy from, or enter into any conference, agreement, alliance or treaty with any King, Prince or State;
9 nor shall any person holding any office of profit or trust under the United States, or any of them, accept any
10 present, emolument, office or title of any kind whatever from any King, Prince or foreign State; nor shall the
11 United States in Congress assembled, or any of them, grant any title of nobility.
12 __________________________________________________________________________________________
15 No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust
16 under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any
17 kind whatever, from any King, Prince, or foreign State.
18 __________________________________________________________________________________________
21 No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin
22 Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any
23 Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
24 2. You surrender the privileges and immunities of constitutional citizenship in exchange for the disabilities and privileges
25 of alienage as mandated by the Original Thirteenth Amendment.
26 3. You become a privileged “resident alien” in relation to the existing government under the terms of the franchise
27 agreement.
28 “Residents, as distinguished from citizens, are aliens who are permitted to take up a permanent abode in the
29 country. Being bound to the society by reason of their dwelling in it, they are subject to its laws so long as they
30 remain there, and being protected by it, they must defend it, although they do not enjoy all the rights of citizens.
31 They have only certain privileges which the law, or custom, gives them. Permanent residents are those who
32 have been given the right of perpetual residence. They are a sort of citizens of a less privileged character, and
33 are subject to the society without enjoying all its advantages. Their children succeed to their status; for the right
34 of perpetual residence given them by the State passes to their children.”
35 [The Law of Nations, Vattel, p. 87;
36 SOURCE: http://famguardian.org/TaxFreedom/CitesByTopic/Resident-LawOfNations.pdf]
37 4. You may not be treated as a constitutional “citizen” in relation to the government under the terms of the franchise
38 agreement and may not claim any of the “benefits” or protections of being a constitutional “citizen”. Instead, you become
39 a STATUTORY citizen who is privileged and who is domiciled on federal territory not protected by the United States
40 Constitution. It is furthermore proven in the following references that your status as a statutory “U.S. citizen” under 8
41 U.S.C. §1401 is in fact, yet another franchise that has nothing to do with domicile or residence:
42 4.1. Federal Jurisdiction, Form #05.018, Section 5
43 http://sedm.org/Forms/FormIndex.htm
44 4.2. Why You are a “national”, “state national”, and Constitutional but not Statutory Citizen, Form #05.006,
45 Sections 3 through 3.3.
46 http://sedm.org/Forms/FormIndex.htm
47 However, news of the adoption of the Original Thirteenth Amendment has been silenced because it would
48 undermine and destroy nearly everything that our present government does, which is implemented almost entirely
49 using franchises and privileges. If the Original Thirteenth Amendment remained on the books, NO ONE could
50 call themselves an American or a Constitutional citizen and we would all be aliens in our own land because almost
51 everyone participates in government franchises of one kind or another at this time. In a real de jure and
Corporatization and Privatization of the Government 171 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 constitutional government, there is no such thing as franchises or the titles of nobility they create because everyone
2 is equal.
3 You can find the complete story behind the ratification of the Original Thirteenth Amendment and its subsequent
4 mysterious “disappearance” from the Constitution in the following document on our website:
5 Consistent with this section, Article IV of the Articles of Confederation also says that paupers and vagabonds are
6 not entitled to the privileges and immunities of citizenship.
7 "... the free inhabitants of each of these states, paupers, vagabonds and fugitives from Justice excepted, shall be
8 entitled to all privileges and immunities of free citizens in the several states"
9 [Articles of Confederation, Article IV]
17 “Vagrant. At common law, wandering or going about from place to place by idle person who had no lawful or
18 visible means of support and who subsisted on charity and did not work, though able to do so. State v. Harlowe,
19 174 Wash. 227, 24 P.2d. 601. A general term, including, in English law, the several classes of idle and disorderly
20 persons, rogues, and vagabonds, and incorrigible rogues. One who wanders from place to place; an idle wander,
21 specifically, one who has no settled habitation, nor any fixed income or livelihood. A vagabond; a tramp. A
22 person able to work who spends his time in idleness or immorality, having no property to support him and
23 without some visible and known means of fair, honest, and reputable livelihood. State v. Oldham, 224 N.C.
24 415, 30 S.E.2d. 318, 319. One who is apt to become a public charge through his own laziness. People, on
25 Complaint of McDonough, v. Gesino, Sp.Sess., 22 N.Y.S.2d. 284, 285. See Vagabond; Vagrancy.”
26 [Black’s Law Dictionary, Sixth Edition, p. 1548]
27 Incidentally, the above also happens to describe most of the people who work for the government. Most are do-
28 nothing no-loads who effectively are "retired on duty" (R.O.D.). Based on the above, those who must draw from
29 the government through charity or socialist welfare programs as a private citizen cannot have the rights or
30 privileges of constitutional citizenship under the original Articles of Confederation, and that is exactly what
31 happens to those who participate in our present Social Security or the government’s tax system: They become
32 privileged statutory “resident aliens” or statutory “citizens” domiciled on federal territory rather than
33 constitutional citizens.
34 Those participating in government franchises essentially elect the government as their “parens patriae”, or
35 government parent. The Corpus Juris Secundum (C.J.S.) Legal Encyclopedia also agrees with this section by
36 affirming that those who are children or dependents or of unsound mind assume the domicile of the sovereign
37 who is their "caretaker" or “parent”.
38 PARTICULAR PERSONS
39 Infants
40 §20 In General
41 An infant, being non sui juris, cannot fix or change his domicile unless emancipated. A legitimate child's
42 domicile usually follows that of the father. In case of separation or divorce of parents, the child has the domicile
43 of the parent who has been awarded custody of the child.
44 [Corpus Juris Secundum (C.J.S.), Domicile, §20 (2003);
45 SOURCE: http://famguardian.org/TaxFreedom/CitesByTopic/Domicile-28CJS-20051203.pdf]
8 1. No social benefit program entitles those participating to an enforceable right under equity as against the government.
9 “We must conclude that a person covered by the Act has not such a right in benefit payments… This is not to
10 say, however, that Congress may exercise its power to modify the statutory scheme free of all constitutional
11 restraint.”
12 [Flemming v. Nestor, 363 U.S. 603 (1960)]
13 2. Disputes relating to franchise “benefits” must be settled in administrative franchise courts in which you are unequal in
14 relation to the government and approach them more as a beggar and an employee than a sovereign.
15 Why, you might ask, is this? Because they couldn’t succeed in their dastardly plan to convert all your rights in to
16 privileges if you retained your sovereignty and equity in relation to them under the terms of the franchise. They
17 want to transport you to the plunder zone, which is the federal zone, and destroy and plunder you rather than
18 protect you, in fact. They want to eliminate all constitutional courts and replace them with franchise courts and
19 make you into a government “employee” or “public officer” called a statutory “U.S. citizen”. That is why the
20 U.S. Supreme Court referred to Social Security as a “statutory scheme”. They weren’t lying, folks!
22 When two parties execute a franchise agreement or contract between them, they are engaging in “commerce”. The
23 practical consequences of the franchise agreement are the following:
34 Another surprising result of engaging in franchises and public benefits that most people overlook is that the
35 commerce it represents, in fact, can have the practical effect of making a “nonresident” party “resident” for the
36 purposes of judicial jurisdiction. Here is the proof:
37 In International Shoe Co. v. Washington, 326 U.S. 310 (1945), the Supreme Court held that a court may exercise
38 personal jurisdiction over a defendant consistent with due process only if he or she has "certain minimum
39 contacts" with the relevant forum "such that the maintenance of the suit does not offend 'traditional notions of
40 fair play and substantial justice.' " Id. at 316 (quoting Milliken v. Meyer, 311 U.S. 457, 463 (1940)). Unless a
41 defendant's contacts with a forum are so substantial, continuous, and systematic that the defendant can be
42 deemed to be "present" in that forum for all purposes, a forum may exercise only "specific" jurisdiction - that
43 is, jurisdiction based on the relationship between the defendant's forum contacts and the plaintiff's claim. The
44 parties agree that only specific jurisdiction is at issue in this case.
6 Schwarzenegger v. Fred Martin Motor Co., 374 F.3d. 797, 802 (9th Cir. 2004) (quoting Lake v. Lake, 817 F.2d.
7 1416, 1421 (9th Cir. 1987)). The first prong is determinative in this case. We have sometimes referred to it, in
8 shorthand fashion, as the "purposeful availment" prong. Schwarzenegger, 374 F.3d. at 802. Despite its label, this
9 prong includes both purposeful availment and purposeful direction. It may be satisfied by purposeful availment
10 of the privilege of doing business in the forum; by purposeful direction of activities at the forum; or by some
11 combination thereof.
12 We have typically treated "purposeful availment" somewhat differently in tort and contract cases. In tort cases,
13 we typically inquire whether a defendant "purposefully direct[s] his activities" at the forum state, applying an
14 "effects" test that focuses on the forum in which the defendant's actions were felt, whether or not the actions
15 themselves occurred within the forum. See Schwarzenegger, 374 F.3d. at 803 (citing Calder v. Jones, 465 U.S.
16 783, 789-90 (1984)). By contrast, in contract cases, we typically inquire whether a defendant "purposefully avails
17 itself of the privilege of conducting activities" or "consummate[s] [a] transaction" in the forum, focusing on
18 activities such as delivering goods or executing a contract. See Schwarzenegger, 374 F.3d. at 802. However, this
19 case is neither a tort nor a contract case. Rather, it is a case in which Yahoo! argues, based on the First
20 Amendment, that the French court's interim orders are unenforceable by an American court.
21 [Yahoo! Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d. 1199 (9th Cir. 01/12/2006) ]
22 Legal treatises on domicile also confirm that those who are “wards” or “dependents” of the state or the government
23 assume the same domicile or “residence” as their care giver. The practical effect of this is that by participating in
24 government franchises, we become “wards” of the government in receipt of welfare payments such as Social
25 Security, Medicare, etc. As “wards” under “guardianship” of the government, we assume the same domicile as
26 the government who is paying us the “benefits”, which means the District of Columbia. Our domicile is whatever
27 the government, meaning the “court” wants it to be for their convenience:
28 PARTICULAR PERSONS
29 § 24. Wards
30 While it appears that an infant ward's domicile or residence ordinarily follows that of the guardian it does not
31 necessarily do so,50 as so a guardian has been held to have no power to control an infant's domicile as against
32 her mother.51 Where a guardian is permitted to remove the child to a new location, the child will not be held to
33 have acquired a new domicile if the guardian's authority does not extend to fixing the child's domicile. Domicile
34 of a child who is a ward of the court is the location of the court.52
35 Since a ward is not sui juris, he cannot change his domicile by removal,53 nor or does the removal of the ward
36 to another state or county by relatives or friends, affect his domicile.54 Absent an express indication by the court,
37 the authority of one having temporary control of a child to fix the child's domicile is ascertained by interpreting
38 the court's orders.55
39 [Corpus Juris Secundum (C.J.S.), Domicile, §24 (2003);
40 SOURCE: http://famguardian.org/TaxFreedom/CitesByTopic/Domicile-28CJS-20051203.pdf]
41 This change in domicile of those who participate in government franchises and thereby become “wards” of the
42 government is also consistent with the U.S. Supreme Court’s view of the government’s relationship to those who
43 participate in government franchises. It calls the government a “parens patriae” in relation to them!:
44 “The proposition is that the United States, as the grantor of the franchises of the company, the author of its
45 charter, and the donor of lands, rights, and privileges of immense value, and as parens patriae, is a trustee,
46 invested with power to enforce the proper use of the property and franchises granted for the benefit of the
47 public.”
50
Ky.--City of Louisville v. Sherley's Guardian, 80 Ky. 71.
51
Ky.--Garth v. City Sav. Bank. 86 S.W. 520, 120 Ky. 280, 27 Ky.L. 675.
52
Wash.-Matter of Adoption of Buehl, 555 P.2d. 1334, 87 Wash.2d. 649.
53
Cd.-In re Henning's Estate, 60 P. 762, 128 C. 214.
54
Md.Sudler v. Sudler, 88 A. 26, 121 Md. 46.
55
Wash.-Matter of Adoption of Buehl, 555 P.2d. 1334, 87 Wash.2d. 649.
3 PARENS PATRIAE. Father of his country; parent of the country. In England, the king. In the United States, the
4 state, as a sovereign-referring to the sovereign power of guardianship over persons under disability; In re
5 Turner, 94 Kan. 115, 145 P. 871, 872, Ann.Cas.1916E, 1022; such as minors, and insane and incompetent
6 persons; McIntosh v. Dill, 86 Okl. 1, 205 P. 917, 925.
7 [Black’s Law Dictionary, Sixth Edition, p. 1269]
8 One Congressman during the debates over the proposal of the Social Security Act in 1933 criticized the very
9 adverse effects of the franchise upon people’s rights, including that upon the domicile of those who participate,
10 when he said:
11 Mr. Logan: "...Natural laws can not be created, repealed, or modified by legislation. Congress should know
12 there are many things which it can not do..."
13 "It is now proposed to make the Federal Government the guardian of its citizens. If that should be done, the
14 Nation soon must perish. There can only be a free nation when the people themselves are free and administer the
15 government which they have set up to protect their rights. Where the general government must provide work,
16 and incidentally food and clothing for its citizens, freedom and individuality will be destroyed and eventually
17 the citizens will become serfs to the general government..."
18 [Congressional Record - Senate, Volume 77- Part 4, June 10, 1933, Page 12522;
19 SOURCE: http://famguardian.org/TaxFreedom/CitesByTopic/Sovereignty-CongRecord-Senate-
20 JUNE101932.pdf]
21 The Internal Revenue Code franchise agreement itself contains provisions which recognize this change in effective
22 domicile to the District of Columbia within 26 U.S.C. §7408(d) and 26 U.S.C. §7701(a)(39).
23 TITLE 26 > Subtitle F > CHAPTER 79 > § 7701
24 § 7701. Definitions
25 (a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent
26 thereof—
28 If any citizen or resident of the United States does not reside in (and is not found in) any United States judicial
29 district, such citizen or resident shall be treated as residing [“domiciled”] in the District of Columbia for
30 purposes of any provision of this title relating to—
31 (A) jurisdiction of courts, or
32 (B) enforcement of summons.
33 _________________________________________________________________________________
37 If any citizen or resident of the United States does not reside in, and does not have his principal place of business
38 in, any United States judicial district, such citizen or resident shall be treated for purposes of this section as
39 residing in the District of Columbia.
40 The only legitimate purpose of all law and government is “protection”. A person who selects or consents to have
41 a “domicile” or “residence” within the jurisdiction of the government granting the protection franchise has
42 effectively contracted to procure “protection” of that “sovereign” or “state”. In exchange for the promise of
43 protection by the “state”, they are legally obligated to give their “allegiance and support”, thus nominating a
44 Master who will be above them.
45 “Allegiance and protection [by the government from harm] are, in this connection, reciprocal obligations. The
46 one is a compensation for the other; allegiance for protection and protection for allegiance.”
47 [Minor v. Happersett, 88 U.S. (21 Wall.) 162, 166-168 (1874)]
8 Note again the language within the definition of “domicile” from Black’s Law Dictionary relating to the word
9 “transient”, which confirms that what makes your stay “permanent” is consent to the jurisdiction of the “state”
10 located in that place:
11 “Domicile. [. . .]The established, fixed, permanent, or ordinary dwellingplace or place of residence of a person,
12 as distinguished from his temporary and transient, though actual, place of residence. It is his legal residence,
13 as distinguished from his temporary place of abode; or his home, as distinguished from a place to which business
14 or pleasure may temporarily call him. See also Abode; Residence.”
15 [Black’s Law Dictionary, Sixth Edition, p. 485]
16 Since your Constitutional right to contract is unlimited, then you can have as many “residences” as you like, but
17 you can have only one legal “domicile”, because your allegiance must be undivided, or you will have a conflict
18 of interest and allegiance.
19 “No one can serve two masters; for either he will hate the one and love the other, or else he will be loyal to the
20 one and despise the other. You cannot serve God and mammon.”
21 [Matt. 6:23-25, Bible, NKJV]
22 “The doctrine is, that allegiance cannot be due to two sovereigns; and taking an oath of allegiance to a new,
23 is the strongest evidence of withdrawing allegiance from a previous, sovereign….”
24 [Talbot v. Janson, 3 U.S. 133 (1795)]
25 Now do you understand the reasoning behind the following maxim of law? You become a “subject” and a
26 “resident” under the jurisdiction of a government’s civil law by demanding its protection! If you want to “fire”
27 the government as your “protector”, you MUST quit demanding anything from it by filling out government forms
28 or participating in its franchises:
29 Protectio trahit subjectionem, subjectio projectionem.
30 Protection draws to it subjection, subjection, protection. Co. Litt. 65.
31 [Bouvier’s Maxims of Law, 1856;
32 SOURCE: http://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm]
33 Remember, “resident” is a combination of two word roots: “res”, which is legally defined as a “thing”, and
34 “ident”, which stands for “identified”.
35 Res. Lat. The subject matter of a trust or will. In the civil law, a thing; an object. As a term of the law, this
36 word has a very wide and extensive signification, including not only things which are objects of property, but also
37 such as are not capable of individual ownership. And in old English law it is said to have a general import,
38 comprehending both corporeal and incorporeal things of whatever kind, nature, or species. By "res," according
39 to the modern civilians, is meant everything that may form an object of rights, in opposition to "persona," which
40 is regarded as a subject of rights. "Res," therefore, in its general meaning, comprises actions of all kinds; while
41 in its restricted sense it comprehends every object of right, except actions. This has reference to the fundamental
42 division of the Institutes that all law relates either to persons, to things, or to actions.
43 Res is everything that may form an object of rights and includes an object, subject-matter or status. In re
44 Riggle's Will, 11 A.D.2d. 51 205 N.Y.S.2d. 19, 21, 22. The term is particularly applied to an object, subject-
45 matter, or status, considered as the defendant in an action, or as an object against which, directly, proceedings
46 are taken. Thus, in a prize case, the captured vessel is "the res"; and proceedings of this character are said to
47 be in rem. (See In personam; In Rem.) "Res" may also denote the action or proceeding, as when a cause, which
48 is not between adversary parties, it entitled "In re ______".
49 [Black’s Law Dictionary, Sixth Edition, pp. 1304-1306]
20 Below is how the U.S. Supreme Court describes the practical effect of creating the trust and placing its “residence”
21 or “domicile” within the jurisdiction the specific government or “state” granting the franchise:
22 "Thus, the Court has frequently held that domicile or residence, more substantial than mere presence in transit
23 or sojourn, is an adequate basis for taxation, including income, property, and death taxes. Since the Fourteenth
24 Amendment makes one a citizen of the state wherein he resides, the fact of residence creates universally
25 reciprocal duties [e.g. CONTRACTUAL DUTIES!!] of protection by the state and of allegiance and support
26 by the citizen. The latter obviously includes a duty to pay taxes, and their nature and measure is largely a
27 political matter. Of course, the situs of property may tax it regardless of the citizenship, domicile, or residence of
28 the owner, the most obvious illustration being a tax on realty laid by the state in which the realty is located."
29 [Miller Brothers Co. v. Maryland, 347 U.S. 340 (1954)]
30 The implication is that you cannot be sovereign if either you or the entities you voluntarily represent have a
31 “domicile” or “residence” in any man-made government or in any place other than Heaven or the Kingdom of
32 Heaven on Earth. If you choose a “domicile” or “residence” any place on earth, then you become a “subject” in
33 relation to that place and voluntarily forfeit your sovereignty. This is NOT the status you want to have! A
34 “resident” by definition MUST therefore be within the legislative jurisdiction of the government, because the
35 government cannot lawfully write laws that will allow them to recognize or act upon anything that is NOT within
36 their legislative jurisdiction.
37 All law is territorial in nature, and can act only upon the territory under the exclusive control of the government
38 or upon its franchises, contracts, and real and chattel property, which are “property” under its management and
39 control pursuant to Article 4, Section 3, Clause 2 of the United States Constitution. The only lawful way that
40 government laws can reach beyond the territory of the sovereign who controls them is through explicit, informed,
41 mutual consent of the individual parties involved, and this field of law is called “private law”.
42 "Judge Story, in his treatise on the Conflicts of Laws, lays down, as the basis upon which all reasonings on the
43 law of comity must necessarily rest, the following maxims: First 'that every nation possesses an exclusive
44 sovereignty and jurisdiction within its own territory'; secondly, 'that no state or nation can by its laws directly
45 affect or bind property out of its own territory, or bind persons not resident therein, whether they are natural
46 born subjects or others.' The learned judge then adds: 'From these two maxims or propositions there follows a
47 third, and that is that whatever force and obligation the laws of one country have in another depend solely upon
48 the laws and municipal regulation of the latter; that is to say, upon its own proper jurisdiction and polity, and
49 upon its own express or tacit consent." Story on Conflict of Laws §23."
50 [Baltimore & Ohio Railroad Co. v. Chambers, 73 Ohio.St. 16, 76 N.E. 91, 11 L.R.A., N.S., 1012 (1905)]
11 “If I know aught of the will of our people, they will demand that these conditions of effective government shall be
12 created and maintained. They will demand a nation uncorrupted by cancers of injustice and, therefore, strong
13 among the nations in its example of the will to peace.
14 [Franklin D. Roosevelt, Second Inaugural Address, January 20, 1937;
15 SOURCE: http://www.bartleby.com/124/pres50.html]
16 All biological people start out as “sovereigns” who are foreign to nearly every subject matter of federal and state
17 legislation:
18 "In common usage, the term 'person' does not include the sovereign, and statutes employing the word are
19 ordinarily construed to exclude it."
20 [Wilson v. Omaha Indian Tribe, 442 U.S. 653, 667 (1979)]
21 The United States maintains it does not, invoking the Court's "longstanding interpretive presumption that `person'
22 does not include the sovereign," a presumption that "may be disregarded only upon some affirmative showing of
23 statutory intent to the contrary." Brief for United States as Amicus Curiae 7-8 (quoting Vermont Agency of
24 Natural Resources v. United States ex rel. Stevens, 529 U.S. 765, 780-781 (2000)); see Will, 491 U.S. at 64.
25 [Inyo County, California v. Paiute Shoshone Indians, 538 U.S. 701 (2003)]
26 “Since in common usage, the term person does not include the sovereign, statutes not employing the phrase are
27 ordinarily construed to exclude it.”
28 [United States v. Cooper Corporation, 312 U.S. 600 (1941)]
29 When you exercise your right to contract by signing up for a government franchise or “public right”, there is an
30 implied waiver of sovereign immunity in respect to the other party to the contract and a new legal “person” is
31 created who is within the jurisdiction of the franchise agreement. The legal “person” who is created by the contract
32 is a “public officer” within the government granting the privilege or franchise. An example of such a statutory
33 person is found in the penalty provisions of the Internal Revenue Code:
34 TITLE 26 > Subtitle F > CHAPTER 68 > Subchapter B > PART I > § 6671
35 § 6671. Rules for application of assessable penalties
37 The term “person”, as used in this subchapter, includes an officer or employee of a corporation, or a member or
38 employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect
39 of which the violation occurs.
40 The legal “person” described above is a person who consented to the franchise agreement and who may therefore
41 become the lawful object of government enforcement activity. It otherwise constitutes an unconstitutional bill of
42 attainder to administratively penalize anyone without their consent, as indicated in Article 1, Section 10 and
43 Article 1, Section 9, Clause 3 of the U.S. Constitution.
44 U.S. Constitution
45 Article 1, Section 9, Clause 3
46 "'No State shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.'" A bill
47 of attainder is a legislative act which inflicts punishment without a judicial trial.
2 Bill of attainder. Legislative acts, no matter what their form, that apply either to named individuals or to easily
3 ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial. United
4 States v. Brown, 381 U.S. 437, 448-49, 85 S.Ct. 1707, 1715, 14 L.Ed. 484, 492; United States v. Lovett, 328 U.S.
5 303, 315, 66 S.Ct. 1073, 1079, 90 L.Ed. 1252. An act is a "bill of attainder" when the punishment is death and a
6 "bill of pains and penalties" when the punishment is less severe; both kinds of punishment fall within the scope
7 of the constitutional prohibition. U.S.Const. Art. I, Sect 9, Cl. 3 (as to Congress);' Art. I, Sec, 10 (as to state
8 legislatures).
9 [Black’s Law Dictionary, Sixth Edition, p. 165]
10 This “public officer” entity created by the exercise of your right to contract is alluded to in Bouvier’s Maxims of
11 Law, which states on the subject:
12 Quando duo juro concurrunt in und personâ, aequum est ac si essent in diversis.
13 When two rights concur in one person [public AND private rights], it is the same as if they were in two separate
14 persons. 4 Co. 118.
15 [Bouvier’s Maxims of Law, 1856;
16 SOURCE: http://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm]
17 The rights they are talking about are “private rights” and “public rights” coexisting in the same physical person.
18 This public officer is also a “trustee” of the “public trust”, because public service is a “public trust”:
19 “Trustee. Person holding property in trust. Restatement, Second, Trusts, §3(3). The person appointed, or
20 required by law, to execute a trust. One in whom an implied agreement to administer or exercise it for the benefit
21 or to the use of another. One who holds legal title to property “in trust” for the benefit of another person
22 (beneficiary) and who must carry out specific duties with regard to the property. The trustee owes a fiduciary
23 duty to the beneficiary. Reineck v. Smith, Ill., 289 U.S. 172, 53 S.Ct. 570, 77 L.Ed. 1109.”
24 [Black’s Law Dictionary, Sixth Edition, p. 1514]
25 American Jurisprudence identifies a franchise as a temporary conveyance of “public property” to the franchisee
26 for use and safekeeping for the benefit of the public at large:
27 “In a legal or narrower sense, the term "franchise" is more often used to designate a right or privilege conferred
28 by law, 56 and the view taken in a number of cases is that to be a franchise, the right possessed must be such as
29 cannot be exercised without the express permission of the sovereign power 57 –that is, a privilege or immunity
30 of a public nature which cannot be legally exercised without legislative grant. 58 It is a privilege conferred by
31 government on an individual or a corporation to do that "which does not belong to the citizens of the country
32 generally by common right." 59 For example, a right to lay rail or pipes, or to string wires or poles along a public
56
People ex rel. Fitz Henry v. Union Gas & E. Co. 254 Ill. 395, 98 N.E. 768; State ex rel. Bradford v. Western Irrigating Canal Co. 40 Kan 96, 19 P 349;
Milhau v. Sharp, 27 N.Y. 611; State ex rel. Williamson v. Garrison (Okla) 348 P.2d. 859; Ex parte Polite, 97 Tex.Crim. 320, 260 S.W. 1048.
The term "franchise" is generic, covering all the rights granted by the state. Atlantic & G. R. Co. v. Georgia, 98 U.S. 359, 25 L.Ed. 185.
A franchise is a contract with a sovereign authority by which the grantee is licensed to conduct a business of a quasi-governmental nature within a particular
area. West Coast Disposal Service, Inc. v. Smith (Fla App) 143 So.2d. 352.
57
The term "franchise" is generic, covering all the rights granted by the state. Atlantic & G. R. Co. v. Georgia, 98 U.S. 359, 25 L.Ed. 185.
A franchise is a contract with a sovereign authority by which the grantee is licensed to conduct a business of a quasi-governmental nature within a particular
area. West Coast Disposal Service, Inc. v. Smith (Fla App) 143 So.2d. 352.
58
State v. Real Estate Bank, 5 Ark. 595; Brooks v. State, 3 Boyce (Del.) 1, 79 A. 790; Belleville v. Citizens' Horse R. Co. 152 Ill. 171, 38 N.E. 584; State
ex rel. Clapp v. Minnesota Thresher Mfg. Co. 40 Minn 213, 41 N.W. 1020.
59
New Orleans Gaslight Co. v. Louisiana Light & H. P. & Mfg. Co., 115 U.S. 650, 29 L.Ed. 516, 6 S.Ct. 252; People's Pass. R. Co. v. Memphis City R. Co.
10 Wall (U.S.) 38, 19 L.Ed. 844; Bank of Augusta v. Earle, 13 Pet (U.S.) 519, 10 L.Ed. 274; Bank of California v. San Francisco, 142 Cal. 276, 75 P. 832;
Higgins v. Downward, 8 Houst (Del.) 227, 14 A. 720, 32 A. 133; State ex rel. Watkins v. Fernandez, 106 Fla. 779, 143 So. 638, 86 A.L.R. 240; Lasher v.
People, 183 Ill. 226, 55 N.E. 663; Inland Waterways Co. v. Louisville, 227 Ky. 376, 13 S.W.2d. 283; Lawrence v. Morgan's L. & T. R. & S. S. Co. 39
La.Ann. 427, 2 So. 69; Johnson v. Consolidated Gas E. L. & P. Co. 187 Md. 454, 50 A.2d. 918, 170 A.L.R. 709; Stoughton v. Baker, 4 Mass. 522; Poplar
Bluff v. Poplar Bluff Loan & Bldg. Asso. (Mo.App.) 369 S.W.2d. 764; Madden v. Queens County Jockey Club, 296 N.Y. 249, 72 N.E.2d. 697, 1 A.L.R.2d.
1160, cert den 332 U.S. 761, 92 L.Ed. 346, 68 S.Ct. 63; Shaw v. Asheville, 269 N.C. 90, 152 S.E.2d. 139; Victory Cab Co. v. Charlotte, 234 N.C. 572, 68
S.E.2d. 433; Henry v. Bartlesville Gas & Oil Co. 33 Okla. 473, 126 P. 725; Elliott v. Eugene, 135 Or. 108, 294 P. 358; State ex rel. Daniel v. Broad River
Power Co., 157 S.C. 1, 153 S.E. 537; State v. Scougal, 3 SD 55, 51 N.W. 858; Utah Light & Traction Co. v. Public Serv. Com. 101 Utah 99, 118 P.2d. 683.
A franchise represents the right and privilege of doing that which does not belong to citizens generally, irrespective of whether net profit accruing from the
exercise of the right and privilege is retained by the franchise holder or is passed on to a state school or to political subdivisions of the state. State ex rel.
Williamson v. Garrison (Okla) 348 P.2d. 859.
6 An example of the conveyance of “public property” for temporary use is the Social Security Number, which is
7 identified as property NOT of the user, but of the Social Security Administration and the “public”:
8 Title 20: Employees' Benefits
9 PART 422—ORGANIZATION AND PROCEDURES
10 Subpart B—General Procedures
11 §422.103 Social security numbers.
13 A person who is assigned a social security number will receive a social security number card from SSA within a
14 reasonable time after the number has been assigned. (See §422.104 regarding the assignment of social security
15 number cards to aliens.) Social security number cards are the property of SSA and must be returned upon
16 request.
17 The conveyance of the Social Security Card and associated number to a private person makes that person into a
18 “trustee” and “fiduciary” over the “public property” and creates an obligation to use everything it connects or
19 attaches to ONLY for a “public purpose” and exclusively for the benefit of the public, who are the beneficiaries
20 of the “public trust”. He holds temporary “title” to the card while it is in his possession and loses title when he
21 returns it to the government. SSA Form SS-5 is the method for requesting temporary custody of the public
22 property called the Social Security Card and becoming a “trustee” over said property. You will note that the form
23 is entitled “Application for Social Security Card” and NOT “Application for Social Security Benefits”.
24 The ONLY definition of “income” found within the Internal Revenue Code, Section 643 is entirely consistent
25 with the notion that it can only be earned by “trustees” or fiduciaries participating in federal franchises. The Social
26 Security Trust, in fact, is the real “taxpayer”. Those representing the trust by using the number, which is “public
Where all persons, including corporations, are prohibited from transacting a banking business unless authorized by law, the claim of a banking corporation
to exercise the right to do a banking business is a claim to a franchise. The right of banking under such a restraining act is a privilege or immunity by grant
of the legislature, and the exercise of the right is the assertion of a grant from the legislature to exercise that privilege, and consequently it is the usurpation
of a franchise unless it can be shown that the privilege has been granted by the legislature. People ex rel. Atty. Gen. v. Utica Ins. Co. 15 Johns (NY) 358.
60
New Orleans Gaslight Co. v. Louisiana Light & H. P. & Mfg. Co., 115 U.S. 650, 29 L.Ed. 516, 6 S.Ct. 252; People’s Pass. R. Co. v. Memphis City R.
Co. 10 Wall (U.S.) 38, 19 L.Ed. 844; Bank of Augusta v. Earle, 13 Pet (U.S.) 519, 10 L.Ed. 274; Bank of California v. San Francisco, 142 Cal. 276, 75 P.
832; Higgins v. Downward, 8 Houst (Del.) 227, 14 A. 720, 32 A. 133; State ex rel. Watkins v. Fernandez, 106 Fla. 779, 143 So. 638, 86 A.L.R. 240; Lasher
v. People, 183 Ill. 226, 55 N.E. 663; Inland Waterways Co. v. Louisville, 227 Ky. 376, 13 S.W.2d. 283; Lawrence v. Morgan's L. & T. R. & S. S. Co. 39
La.Ann. 427, 2 So. 69; Johnson v. Consolidated Gas E. L. & P. Co. 187 Md. 454, 50 A.2d. 918, 170 A.L.R. 709; Stoughton v. Baker, 4 Mass. 522; Poplar
Bluff v. Poplar Bluff Loan & Bldg. Asso. (Mo.App.) 369 S.W.2d. 764; Madden v. Queens County Jockey Club, 296 N.Y. 249, 72 N.E.2d. 697, 1 A.L.R.2d.
1160, cert den 332 U.S. 761, 92 L.Ed. 346, 68 S.Ct. 63; Shaw v. Asheville, 269 N.C. 90, 152 S.E.2d. 139; Victory Cab Co. v. Charlotte, 234 N.C. 572, 68
S.E.2d. 433; Henry v. Bartlesville Gas & Oil Co. 33 Okla. 473, 126 P. 725; Elliott v. Eugene, 135 Or. 108, 294 P. 358; State ex rel. Daniel v. Broad River
Power Co., 157 S.C. 1, 153 S.E. 537; State v. Scougal, 3 SD 55, 51 N.W. 858; Utah Light & Traction Co. v. Public Serv. Com. 101 Utah 99, 118 P.2d. 683.
A franchise represents the right and privilege of doing that which does not belong to citizens generally, irrespective of whether net profit accruing from the
exercise of the right and privilege is retained by the franchise holder or is passed on to a state school or to political subdivisions of the state. State ex rel.
Williamson v. Garrison (Okla) 348 P.2d. 859.
Where all persons, including corporations, are prohibited from transacting a banking business unless authorized by law, the claim of a banking corporation
to exercise the right to do a banking business is a claim to a franchise. The right of banking under such a restraining act is a privilege or immunity by grant
of the legislature, and the exercise of the right is the assertion of a grant from the legislature to exercise that privilege, and consequently it is the usurpation
of a franchise unless it can be shown that the privilege has been granted by the legislature. People ex rel. Atty. Gen. v. Utica Ins. Co. 15 Johns (NY) 358.
61
People ex rel. Foley v. Stapleton, 98 Colo. 354, 56 P.2d. 931; People ex rel. Central Hudson Gas & E. Co. v. State Tax Com. 247 N.Y. 281, 160 N.E. 371,
57 A.L.R. 374; People v. State Tax Comrs. 174 N.Y. 417, 67 N.E. 69, affd 199 U.S. 1, 50 L.Ed. 65, 25 S.Ct. 705.
62
Young v. Morehead, 314 Ky. 4, 233 S.W.2d. 978, holding that a contract to sell and deliver gas to a city into its distribution system at its corporate limits
was not a franchise within the meaning of a constitutional provision requiring municipalities to advertise the sale of franchises and sell them to the highest
bidder.
A contract between a county and a private corporation to construct a water transmission line to supply water to a county park, and giving the corporation the
power to distribute water on its own lands, does not constitute a franchise. Brandon v. County of Pinellas (Fla App) 141 So.2d. 278.
5 (b) Income
6 For purposes of this subpart and subparts B, C, and D, the term “income”, when not preceded by the words
7 “taxable”, “distributable net”, “undistributed net”, or “gross”, means the amount of income of the estate or
8 trust for the taxable year determined under the terms of the governing instrument and applicable local law.
9 Items of gross income constituting extraordinary dividends or taxable stock dividends which the fiduciary, acting
10 in good faith, determines to be allocable to corpus under the terms of the governing instrument and applicable
11 local law shall not be considered income.
12 As we alluded to in the previous section, when you sign up to the government franchise, a trust is created in which
13 you as the natural person become the “trustee” and “public officer” or “fiduciary” serving on behalf of the
14 government. The entities created by exercising your right to contract with the government offering the franchise
15 usually consist of a “public office”, which is a position of trust created for the exercise of powers under the
16 franchise agreement. For instance, in exchange for exercising your First Amendment right to politically associate
17 and thereby registering to vote in a community, you become a “public officer”. This is confirmed by 18 U.S.C.
18 §201(a)(1):
19 TITLE 18 > PART I > CHAPTER 11 > §201
20 §201. Bribery of public officials and witnesses
22 (1) the term “public official” means Member of Congress, Delegate, or Resident Commissioner, either before or
23 after such official has qualified, or an officer or employee or person acting for or on behalf of the United States,
24 or any department, agency or branch of Government thereof, including the District of Columbia, in any official
25 function, under or by authority of any such department, agency, or branch of Government, or a juror;
26 The franchise agreement then functions as the equivalent of a trust, and you become essentially an “employee” or
27 “officer” of the trust. The trust, in turn, is a wholly owned subsidiary of the federal corporation called the “United
28 States”, and which is defined in 28 U.S.C. §3002(15)(A).
29 TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
30 PART VI - PARTICULAR PROCEEDINGS
31 CHAPTER 176 - FEDERAL DEBT COLLECTION PROCEDURE
32 SUBCHAPTER A - DEFINITIONS AND GENERAL PROVISIONS
33 Sec. 3002. Definitions
38 A person who is acting as an “officer” or “public officer” of the United States federal corporation then becomes
39 “an officer of a corporation” who is subject to the laws applying to the place of incorporation of that corporation,
40 which is the District of Columbia in the case of the federal government. Federal Rule of Civil Procedure 17(b)
41 recognizes this result explicitly by stating that the laws which apply are those of the place where the corporation
42 itself is domiciled:
43 Federal Rules of Civil Procedure
44 IV. PARTIES > Rule 17.
45 Rule 17. Parties Plaintiff and Defendant; Capacity
2 (2) for a corporation [a federal corporation called the “United States”, in this case], by the law under which
3 it was organized; and
4 (3) for all other parties, by the law of the state where the court is located, except that:
5 (A) a partnership or other unincorporated association with no such capacity under that state's law may
6 sue or be sued in its common name to enforce a substantive right existing under the United States
7 Constitution or laws; and
8 (B) 28 U.S.C. §§754 and 959(a) govern the capacity of a receiver appointed by a United States court to
9 sue or be sued in a United States court.
10 When you signed up to become the “trustee” of the trust by making application for the franchise or public benefit,
11 the trust becomes a “resident” in the eyes of the government: it becomes a “thing” that is now “identified” and
12 which is within their legislative jurisdiction and completely subject to it. Hence, it is a “RES-IDENT” within
13 government jurisdiction. Notice that a “res” is defined above as the “object of a trust above”. They created the
14 trust and you are simply the custodian and “trustee” over it as a “public officer”. As the Creator of the trust, they
15 and not you have full control and discretion over it and all those who participate in it. That trust is the “public
16 trust” created by the Constitution and all laws passed pursuant to it.
17 Executive Order No. 12731
18 "Part 1 -- PRINCIPLES OF ETHICAL CONDUCT
19 "Section 101. Principles of Ethical Conduct. To ensure that every citizen can have complete confidence in the
20 integrity of the Federal Government, each Federal employee shall respect and adhere to the fundamental
21 principles of ethical service as implemented in regulations promulgated under sections 201 and 301 of this order:
22 "(a) Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws, and
23 ethical principles above private gain.
24 _________________________________________________________________________________________
32 Each employee has a responsibility to the United States Government and its citizens to place loyalty to the
33 Constitution, laws and ethical principles above private gain. To ensure that every citizen can have complete
34 confidence in the integrity of the Federal Government, each employee shall respect and adhere to the principles
35 of ethical conduct set forth in this section, as well as the implementing standards contained in this part and in
36 supplemental agency regulations.
37 All those who swear an oath as “public officers” are also identified as “trustees” of the “public trust”:
38 “As expressed otherwise, the powers delegated to a public officer are held in trust for the people and are to be
39 exercised in behalf of the government or of all citizens who may need the intervention of the officer. 63
40 Furthermore, the view has been expressed that all public officers, within whatever branch and whatever level
41 of government, and whatever be their private vocations, are trustees of the people, and accordingly labor under
42 every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain
43 from a discharge of their trusts. 64 That is, a public officer occupies a fiduciary relationship to the political
63
State ex rel. Nagle v. Sullivan, 98 Mont. 425, 40 P.2d. 995, 99 A.L.R. 321; Jersey City v. Hague, 18 N.J. 584, 115 A.2d. 8.
64
Georgia Dep’t of Human Resources v. Sistrunk, 249 Ga. 543, 291 S.E.2d. 524. A public official is held in public trust. Madlener v. Finley (1st Dist) 161
Ill.App.3d. 796, 113 Ill.Dec. 712, 515 N.E.2d. 697, app gr 117 Ill.Dec. 226, 520 N.E.2d. 387 and revd on other grounds 128 Ill.2d. 147, 131 Ill.Dec. 145,
538 N.E.2d. 520.
6 Here is another example. Any bank which accepts federal FDIC insurance becomes a “financial agent for the
7 United States”.
8 [Code of Federal Regulations]
9 [Title 31, Volume 2]
10 [Revised as of July 1, 2006]
11 From the U.S. Government Printing Office via GPO Access
12 [CITE: 31CFR202.2]
13 TITLE 31--MONEY AND FINANCE: TREASURY
14 CHAPTER II--FISCAL SERVICE, DEPARTMENT OF THE TREASURY
15 PART 202_DEPOSITARIES AND FINANCIAL AGENTS OF THE FEDERAL GOVERNMENT \1\
16 Sec. 202.2 Designations.
17
18 (a) Financial institutions of the following classes are designated as Depositaries and Financial Agents of the
19 Government if they meet the eligibility requirements stated in paragraph (b) of this section:
20 (1) Financial institutions insured by the Federal Deposit Insurance Corporation.
21 (2) Credit unions insured by the National Credit Union
22 Administration.
23 (3) Banks, savings banks, savings and loan, building and loan, and homestead associations, credit unions
24 created under the laws of any State, the deposits or accounts of which are insured by a State or agency thereof
25 or by a corporation chartered by a State for the sole purpose of insuring deposits or accounts of such financial
26 institutions, United States branches of foreign banking corporations authorized by the State in which they are
27 located to transact commercial banking business, and Federal branches of foreign banking corporations, the
28 establishment of which has been approved by the Comptroller of the Currency.
29 (b) In order to be eligible for designation, a financial institution is required to possess, under its charter and
30 the regulations issued by its chartering authority, either general or specific authority to perform the services
31 outlined in Sec. 202.3(b). A financial institution is required also to possess the authority to pledge collateral to
32 secure public funds.
33 [44 FR 53066, Sept. 11, 1979, as amended at 46 FR 28152, May 26, 1981;
34 62 FR 45521, Aug. 27, 1997]
35 The “privilege” or “benefit” of either receiving FDIC insurance, or recognition by the Comptroller of the
36 Currency, or being established as a federal corporation makes the financial institute into a “Financial Agent of the
37 Federal Government”, e.g. a TRUSTEE!
38 The same analogy applies to the Social Security program. When you sign up, you become a “trustee” over the
39 “res” created by your application, and the assets committed to that res consist of all your private property donated
40 to the res of the trust and thereby donated to a “public use” to procure the benefits of the franchise, which consists
41 of deferred employment compensation to the trustee for managing the trust. The U.S. Supreme Court has said
42 that when a man donates his property to a “public use”, he implicitly gives the public the right to control that use.
43 “Men are endowed by their Creator with certain unalienable rights,-'life, liberty, and the pursuit of happiness;'
44 and to 'secure,' not grant or create, these rights, governments are instituted. That property [or income] which a
45 man has honestly acquired he retains full control of, subject to these limitations: First, that he shall not use it
46 that
to his neighbor's injury, and that does not mean that he must use it for his neighbor's benefit; second,
47 if he devotes it to a public use, he gives to the public a right to control that
65
Chicago Park Dist. v. Kenroy, Inc., 78 Ill.2d. 555, 37 Ill.Dec. 291, 402 N.E.2d. 181, appeal after remand (1st Dist) 107 Ill.App.3d. 222, 63 Ill.Dec. 134,
437 N.E.2d. 783.
66
United States v. Holzer (CA7 Ill), 816 F.2d. 304 and vacated, remanded on other grounds 484 U.S. 807, 98 L.Ed. 2d 18, 108 S.Ct. 53, on remand (CA7
Ill) 840 F.2d. 1343, cert den 486 U.S. 1035, 100 L.Ed. 2d 608, 108 S.Ct. 2022 and (criticized on other grounds by United States v. Osser (CA3 Pa) 864
F.2d. 1056) and (superseded by statute on other grounds as stated in United States v. Little (CA5 Miss) 889 F.2d. 1367) and (among conflicting authorities
on other grounds noted in United States v. Boylan (CA1 Mass), 898 F.2d. 230, 29 Fed.Rules.Evid.Serv. 1223).
67
Chicago ex rel. Cohen v. Keane, 64 Ill.2d. 559, 2 Ill.Dec. 285, 357 N.E.2d. 452, later proceeding (1st Dist) 105 Ill.App.3d. 298, 61 Ill.Dec. 172, 434
N.E.2d. 325.
68
Indiana State Ethics Comm’n v. Nelson (Ind App), 656 N.E.2d. 1172, reh gr (Ind App) 659 N.E.2d. 260, reh den (Jan 24, 1996) and transfer den (May 28,
1996).
4 If you would like to see all the proof that the Social Security system operates as a trust and you operate as a
5 “trustee” and not “beneficiary” of that trust, read the following amazing document, which also provides a vehicle
6 to RESIGN as trustee:
8 The very same principles as government operates under with respect to “resident” also apply to Christianity as
9 well. When we become Christians, we consent to the contract or covenant with God called the Bible. That
10 covenant requires us to accept Jesus Christ as our Lord and Savior. This makes us a “resident” of Heaven and
11 “pilgrims and sojourners” (transient foreigners) on earth:
12 "For our citizenship is in heaven, from which we also eagerly wait for the Savior, the Lord Jesus Christ"
13 [Philippians 3:20, Bible, NKJV]
14 “Now, therefore, you are no longer strangers and foreigners [in relation to the Kingdom of Heaven], but fellow
15 citizens with the saints and members of the household of God.”
16 [Ephesians 2:19, Bible, NKJV]
17 "These all died in faith, not having received the promises, but having seen them afar off were assured of them,
18 embraced them and confessed that they were strangers and pilgrims [transient foreigners] on the earth."
19 [Hebrews 11:13, Bible, NKJV]
20 "Beloved, I beg you as sojourners and pilgrims, abstain from fleshly lusts which war against the soul..."
21 [1 Peter 2:11, Bible, NKJV]
22 For those who consent to the Bible covenant with God the Father, Jesus becomes our protector, spokesperson,
23 Counselor, and Advocate before the Father. We become a Member of His family!
24 Jesus’ Mother and Brothers Send for Him
25 While He was still talking to the multitudes, behold, His mother and brothers stood outside, seeking to speak with
26 Him. Then one said to Him, “Look, Your mother and Your brothers are standing outside, seeking to speak with
27 You.”
28 But He answered and said to the one who told Him, “Who is My mother and who are My brothers?” And He
29 stretched out His hand toward His disciples and said, “Here are My mother and My brothers! For whoever does
30 the will of My Father in heaven is My brother and sister and mother.”
31 [Matt. 12: 46-50, Bible, NKJV]
32 By doing God’s will on Earth and accepting His covenant or private contract with us, which is the Bible, He
33 becomes our Father and we become His children. The law of domicile says that children assume the same domicile
34 as their parents and are legally dependent on them:
35 A person acquires a domicile of origin at birth.69 The law attributes to every individual a domicile of origin,70
36 which is the domicile of his parents,71 or of the father,72 or of the head of his family:73 or of the person on whom
69
U.S. –Mississippi Bank of Choctaw Indians v. Holyfield, Missl, 109 S.Ct. 1597, 490 U.S. 30, 104 L.Ed.2d. 29.
70
Mass.—Commonwealty v. Davis, 187 N.E. 33, 284 Mass. 41. N.Y.—In re Lydig’s Estate, 180 N.Y.S. 843, 191 A.D. 117.
71
Ga.—McDowell v. Gould, 144 S.E. 206, 166 Ga. 670. Iowa—In re Jones’ Estate, 182 N.W. 227, 192 Iowa 78, 16 A.L.R. 1286.
72
U.S.—Shishko v. State Farm. Ins. Co., D.C.Pa., 553 F.Supp. 308, affirmed 722 F.2d. 734 and Appeal of Shishko, 722 F.2d. 734.
73
N.Y. –Cohen v. Delaware, L. & W.R. Co., 269 N.Y.S. 667, 160 Misc. 450.
6 The legal dependence they are talking about is God’s Law, which then becomes our main source of protection and
7 dependence on God. We as believers then recognize Jesus’ existence as a “thing” we “identify” in our daily life
8 and in return, He recognizes our existence before the Father. Here is what He said on this subject as proof:
9 Confess Christ Before Men
10 “Therefore whoever confesses Me [recognizes My legal existence under God’s law, the Bible, and acknowledges
11 My sovereignty] before men, him I will also confess before My Father who is in heaven. But whoever denies Me
12 before men, him I will also deny before My Father who is in heaven.”
13 [Matt. 10:32-33, Bible, NKJV]
14 Below are some scriptural references that prove that all those who have availed themselves of the salvation
15 franchise become “fiduciaries” of God.
16 "Not everyone who says to Me, ‘Lord, Lord,’ shall enter the kingdom of heaven, but he who does the will of My
17 Father in heaven."
18 [Jesus in Matt. 7:21, Bible, NKJV]
19 "He who has [understands and learns] My commandments [laws in the Bible (OFFSITE LINK)] and keeps
20 them, it is he who loves Me. And he who loves Me will be loved by My Father, and I will love him and manifest
21 Myself to him."
22 [John 14:21, Bible, NKJV]
23 "And we have known and believed the love that God has for us. God is love, and he who abides in love [obedience
24 to God's Laws] abides in [and is a FIDUCIARY of] God, and God in him."
25 [1 John 4:16, Bible, NKJV]
26 "Now by this we know that we know Him [God], if we keep His commandments. He who says, "I know Him," and
27 does not keep His commandments, is a liar, and the truth is not in him. But whoever keeps His word, truly the
28 love of God is perfected in him. By this we know that we are in Him [His fiduciaries]. He who says he abides in
29 Him [as a fiduciary] ought himself also to walk just as He [Jesus] walked."
30 [1 John 2:3-6, Bible, NKJV]
31 All of the following phrases above prove the existence of a fiduciary relation and/or agency:
32 “. . .he who does the will of My Father in heaven.”
33 “God is love, and he who abides in love [obedience to God's Laws] abides in [and is a FIDUCIARY of] God,
34 and God in him.”
35 “But whoever keeps His word, truly the love of God is perfected in him. By this we know that we are in Him [His
36 fiduciaries].”
37 In conclusion, you CAN’T claim to love God and therefore be a recipient of His gift of salvation WITHOUT
38 becoming His fiduciary, steward, agent, and ambassador on a foreign mission to an alien planet: Earth!
39 Furthermore, the Bible also implies that we CANNOT serve as an agent or fiduciary of ANYONE except the true
40 and living God!:
74
N.C.—Hall v. Wake County Bd. Of Elections, 187 S.E.2d. 52, 280 N.C. 600.
75
U.S.—Gregg v. Louisiana Power and Light Co., C.A.La., 626 F.2d. 1315.
76
Ky.—Johnson v. Harvey, 88 S.W.2d. 42, 261 Ky. 522.
77
S.C. Cribbs v. Floyud, 199 S.E. 677, 188 S.C. 443.
78
N.Y. –In re McElwaine’s Will, 137 N.Y.S. 681, 77 Misc. 317.
2 "You shall not make for yourself a carved image--any likeness of anything that is in heaven above, or that is in
3 the earth beneath, or that is in the water under the earth; 5you shall not bow down to them nor serve
4 [worship or act as an AGENT for] them. For I, the LORD your God, am a jealous God,
5 visiting the iniquity of the fathers upon the children to the third and fourth generations of those who hate Me,
6 6
but showing mercy to thousands, to those who love Me and keep My commandments.”
7 [Exodus 20:3-4, Bible, NKJV]
17 The California Family Code identifies those who are married as the equivalent of business partners with a fiduciary
18 duty towards each other. Therefore, they are agents, fiduciaries, and “trustees” of each other acting in the other’s
19 best interest, not unlike we must act in relation to God as one of his children, stewards, and agents:
20 California Family Code
21 Section 721
22 (b) Except as provided in Sections 143, 144, 146, 16040, and 16047 of the Probate Code, in transactions between
23 themselves, a husband and wife are subject to the general rules governing fiduciary relationships which control
24 the actions of persons occupying confidential relations with each other. This confidential relationship imposes a
25 duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the
26 other. This confidential relationship is a fiduciary relationship subject to the same rights and duties of nonmarital
27 business partners, as provided in Sections 16403, 16404, and 16503 of the Corporations Code, including, but not
28 limited to, the following:
29 [SOURCE: http://www.leginfo.ca.gov/cgi-
30 bin/waisgate?WAISdocID=3893365889+0+0+0&WAISaction=retrieve]
31 The above family code is a franchise, because you cannot become subject to it without first voluntarily applying
32 for and accepting a “marriage license”. There is no such thing in California as “common law marriage”, and so
33 you can’t come under the jurisdiction of the California Family Code franchise without explicitly consenting in
34 writing. This licensed marriage creates a fiduciary duty and “trustee” relation between the THREE parties, one
35 of whom is the government. This is further explained in the document below:
37 Let’s use a simple example to illustrate our point in relation to the world. You want to open a checking account
38 at a bank. You go to the bank to open the account. The clerk presents you with an agreement that you must sign
39 before you open the account. If you won’t sign the agreement, then the clerk will tell you that they can’t open an
40 account for you. Before you sign the account agreement, the bank doesn’t know anything about you and you
41 don’t have an account there, so you are the equivalent of an “alien”. An “alien” is someone the bank will not
42 recognize or interact with or help. They can only lawfully help “customers”, not “aliens”. After you exercise
43 your right to contract by signing the bank account agreement, then you now become a “resident” of the bank. You
44 are a “resident” because:
18 11.6 Summary
19 The government does things exactly the same way as how Christianity itself functions: They have created a civil
20 religion that is a substitute for and a violation of God’s law and plan for society. In that sense, they are a counterfeit
21 of God’s Biblical plan and a cheap, satanic imitation. Satan has always been an imitator of God’s creation. The
22 only difference is the product they deliver. The bank delivers financial services, and the government delivers
23 “protection” and “social” services. The account number is the social security number. You can’t have or use a
24 Social Security Number and avail yourself of its benefits without consenting to the jurisdiction of the franchise
25 agreement and trust document that authorized its’ issuance, which is the Social Security Act found in Title 42 of
26 the U.S. Code.
27 CALIFORNIA CIVIL CODE
28 DIVISION 3. OBLIGATIONS
29 PART 2. CONTRACTS
30 CHAPTER 3. CONSENT
31 Section 1589
32
33 1589. A voluntary acceptance of the benefit of a [government benefit] transaction is equivalent to a consent to
34 all the obligations [and legal liabilities] arising from it, so far as the facts are known, or ought to be known, to
35 the person accepting.
36 Therefore, you can’t avail yourself of the “privileges” associated with the Social Security account agreement
37 without also being a “resident” of the “United States”, which means an alien who has signed a contract to procure
38 services from the government. That contract can be explicit, which means a contract in writing, or implicit,
39 meaning that it is created through your behavior. For instance, if you drive on the roads within a state, that act
40 implied your consent to be bound by the vehicle code of that state. In that sense, driving a car became a voluntary
41 exercise of your right to contract.
42 A mere innocent act can imply or trigger “constructive consent” to a legal contract, and in many cases, you may
43 not even be aware that you are exercising your right to contract. Watch out! For instance, the criminal code in
44 your state behaves like a contract. The “police” are simply there to enforce the contract. As a matter of fact, their
45 job was created by that contract. This is called the “police power” of the state. If you do not commit any of the
46 acts in the criminal or penal code, then you are not subject to it and it is “foreign” to you. You become the
47 equivalent of a “resident” within the criminal code and subject to the legislative jurisdiction of that code ONLY
48 by committing a “crime” identified within it. That “crime” triggers “constructive consent” to the terms of the
49 contract and all the obligations that flow from it, including prison time and a court trial. This analysis helps to
50 establish that in a free society, all law is a contract of one form or another, because it can only be passed by the
51 consent of the majority of those who will be subject to it. The people who will be subject to the laws of a “state”
7 In law, all corporations are considered to be statutory but not constitutional “citizens” or “residents” of the place
8 they were incorporated and of that place ONLY:
9 "A corporation is a citizen, resident, or inhabitant of the state or country by or under the laws of which it was
10 created, and of that state or country only."
11 [19 Corpus Juris Secundum (C.J.S.), Corporations, §886 (2003)]
12 _______________________________________________________________________________
13 "It is very true that a corporation can have no legal existence [STATUS such as STATUTORY “citizen” or
14 “resident”] out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of
15 law, and by force of the law; and where the law ceases to operate, and is no longer obligatory, the corporation
16 can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty."
17 [Bank of Augusta v. Earle, 38 U.S. (13 Pet.) 519, 10 L.Ed. 274 (1839)]
18 Statutory citizenship, however, does not derive from citizenship under the constitution of a state of the Union.
19 The types of “citizens” spoken of in the United States Constitution are ONLY biological people and not artificial
20 creations such as corporations. Here is what the Annotated Fourteenth Amendment published by the
21 Congressional Research Service has to say about this subject:
22 “Citizens of the United States within the meaning of this Amendment must be natural and not artificial
23 persons; a corporate body is not a citizen of the United States.14
24 _______________________
25 14 Insurance Co. v. New Orleans, 13 Fed.Cas. 67 (C.C.D.La. 1870). Not being citizens of the United States,
26 corporations accordingly have been declared unable "to claim the protection of that clause of the Fourteenth
27 Amendment which secures the privileges and immunities of citizens of the United States against abridgment or
28 impairment by the law of a State." Orient Ins. Co. v. Daggs, 172 U.S. 557, 561 (1869) . This conclusion was in
29 harmony with the earlier holding in Paul v. Virginia, 75 U.S. (8 Wall.) 168 (1869), to the effect that corporations
30 were not within the scope of the privileges and immunities clause of state citizenship set out in Article IV, Sec. 2.
31 See also Selover, Bates & Co. v. Walsh, 226 U.S. 112, 126 (1912) ; Berea College v. Kentucky, 211 U.S. 45 (1908)
32 ; Liberty Warehouse Co. v. Tobacco Growers, 276 U.S. 71, 89 (1928) ; Grosjean v. American Press Co., 297 U.S.
33 233, 244 (1936) .
34 [Annotated Fourteenth Amendment, Congressional Research Service.
35 SOURCE: http://www.law.cornell.edu/anncon/html/amdt14a_user.html#amdt14a_hd1]
36 12.2 Corporations cannot sue in a CONSTITUTIONAL federal court and may only sue in a
37 STATUTORY franchise court
38 Provisions of the United States Constitution dealing with the capacity to sue or be sued in federal court dictate
39 that ONLY CONSTITUTIONAL “citizens” or “residents” may entertain suits in Article III federal court:
40 U.S. Constitution, Article III, Section 2
41 The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the
42 United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting
43 Ambassadors, other public ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to
44 Controversies to which the United States shall be a Party;--to Controversies between two or more States;--
45 between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the
46 same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and
47 foreign States, Citizens or Subjects.
15 Now, it has not been, and will not be, pretended, that this corporation can, in any sense, be identified with the
16 United States, or is endowed with the privileges of the latter; or if it could be, it would clearly be exempted from
17 all liability to be sued in the Federal courts. Nor is it pretended, that this corporation is a State of this Union;
18 nor, being created by, and situated within, the State of New Jersey, can it be held to be the citizen or subject of a
19 foreign State. It must be, then, under that part of the enumeration in the article quoted, which gives to the
20 courts of the United States jurisdiction in controversies between citizens of different States, that either the
21 Circuit Court or this court can take cognizance of the corporation as a party; and this is, in truth, the sole
22 foundation on which that cognizance has been assumed, or is attempted to be maintained. The proposition,
23 then, on which the authority of the Circuit Court and of this tribunal is based, is this: The Delaware and
24 Raritan Canal Company is either a citizen of the United States, or it is a citizen of the State of New Jersey.
25 This proposition, startling as its terms may appear, either to the legal or political apprehension, is undeniably
26 the basis of the jurisdiction asserted in this case, and in all others of a similar character, and must be
27 established, or that jurisdiction wholly fails. Let this proposition be examined a little more closely.
28 The term citizen will be found rarely occurring in the writers upon English law; those writers almost universally
29 adopting, as descriptive of those possessing rights or sustaining obligations, political or social, the term subject,
30 as more suited to their peculiar local institutions. But, in the writers of other nations, and under systems of polity
31 deemed less liberal than that of England, we find the term citizen familiarly reviving, and the character and the
32 rights and duties that term implies, particularly defined. Thus, Vattel, in his 4th book, has a chapter, (cap. 6th,)
33 the title of which is: "The concern a nation may have in the actions of her citizens." A few words from the text of
34 that chapter will show the apprehension of this author in relation to this term. "Private persons," says he, "who
35 are members of one nation, may offend and ill-treat the citizens of another; it remains for us to examine what
36 share a state may have in the actions of her citizens, and what are the rights and obligations of sovereigns in that
37 respect." And again: "Whoever uses a citizen ill, indirectly offends the state, which is bound to protect this
38 citizen." The meaning of the term citizen 98*98 or subject, in the apprehension of English jurists, as indicating
39 persons in their natural character, in contradistinction to artificial or fictitious persons created by law, is
40 further elucidated by those jurists, in their treatises upon the origin and capacities and objects of those artificial
41 persons designated by the name of corporations. Thus, Mr. Justice Blackstone, in the 18th chapter of his 1st
42 volume, holds this language: "We have hitherto considered persons in their natural capacities, and have treated
43 of their rights and duties. But, as all personal rights die with the person; and, as the necessary forms of investing
44 a series of individuals, one after another, with the same identical rights, would be inconvenient, if not
45 impracticable; it has been found necessary, when it is for the advantage of the public to have any particular
46 rights kept on foot and continued, to constitute artificial persons, who maintain a perpetual succession, and
47 enjoy a kind of legal immortality. These artificial persons are called corporations."
48 This same distinguished writer, in the first book of his Commentaries, p. 123, says, "The rights of persons are
49 such as concern and are annexed to the persons of men, and when the person to whom they are due is regarded,
50 are called simply rights; but when we consider the person from whom they are due, they are then denominated,
51 duties," And again, cap. 10th of the same book, treating of the PEOPLE, he says, "The people are either aliens,
52 that is, born out of the dominions or allegiance of the crown; or natives, that is, such as are born within it." Under
53 our own systems of polity, the term, citizen, implying the same or similar relations to the government and to
54 society which appertain to the term, subject, in England, is familiar to all. Under either system, the term used is
55 designed to apply to man in his individual character, and to his natural capacities; to a being, or agent,
56 possessing social and political rights, and sustaining, social, political, and moral obligations. It is in this
57 acceptation only, therefore, that the term, citizen, in the article of the Constitution, can be received and
58 understood. When distributing the judicial power, that article extends it to controversies between citizens of
59 different States. This must mean the natural physical beings composing those separate communities, and can,
60 by no violence of interpretation, be made to signify artificial, incorporeal, theoretical, and invisible creations.
61 A corporation, therefore, being not a natural person, but a mere creature of the mind, invisible and intangible,
62 cannot be a citizen of a State, or of the United States, and cannot fall within the terms or the power of the
63 above-mentioned article, and can therefore neither plead nor be impleaded in the courts of the United States.
64 Against this position it may be urged, that the 99*99 converse thereof has been ruled by this court, and that this
65 matter is no longer open for question. In answer to such an argument, I would reply, that this is a matter involving
66 a construction of the Constitution, and that wherever the construction or the integrity of that sacred instrument
40 Thus stood the decision of the Bank of the United States v. Deveaux, wholly irreconcilable with correct definition,
41 and a puzzle to professional apprehension, until it was encountered by this court, in the decision of the Louisville
42 and Cincinnati Railroad Company v. Letson, reported in 2 Howard, 497. In the latter decision, the court, unable
43 to untie the judicial entanglement of the Bank and Deveaux, seem to have applied to it the sword of the conqueror;
44 but, unfortunately, in the blow they have dealt at the ligature which perplexed them, they have severed a portion
45 of the temple itself. They have not only contravened all the known definitions and adjudications with respect to
46 the nature of corporations, but they have repudiated the doctrines of the civilians as to what is imported by the
47 term subject or citizen, and repealed, at the same time, that restriction in the Constitution which limited the
48 jurisdiction of the courts of the United States to controversies between "citizens of different States." They have
49 asserted that, "a corporation created by, and transacting business in a State, is to be deemed an inhabitant of the
50 State, capable of being treated 101*101 as a citizen, for all the purposes of suing and being sued, and that an
51 averment of the facts of its creation, and the place of transacting its business, is sufficient to give the circuit
52 court’s jurisdiction.
53 The first thing which strikes attention, in the position thus affirmed, is the want of precision and perspicuity in its
54 terms. The court affirm that a corporation created by, and transacting business within a State, is to be deemed
55 an inhabitant of that State. But the article of the Constitution does not make inhabitancy a requisite of the
56 condition of suing or being sued; that requisite is citizenship. Moreover, although citizenship implies the right
57 of residence, the latter by no means implies citizenship. Again, it is said that these corporations may be treated
58 as citizens, for the purpose of suing or being sued. Even if the distinction here attempted were comprehensible, it
59 would be a sufficient reply to it, that the Constitution does not provide that those who may be treated as citizens,
60 may sue or be sued, but that the jurisdiction shall be limited to citizens only; citizens in right and in fact. The
61 distinction attempted seems to be without meaning, for the Constitution or the laws nowhere define such a
62 being as a quasi citizen, to be called into existence for particular purposes; a being without any of the attributes
63 of citizenship, but the one for which he may be temporarily and arbitrarily created, and to be dismissed from
64 existence the moment the particular purposes of his creation shall have been answered. In a political, or legal
65 sense, none can be treated or dealt with by the government as citizens, but those who are citizens in reality. It
66 would follow, then, by necessary induction, from the argument of the court, that as a corporation must be treated
67 as a citizen, it must be so treated to all intents and purposes, because it is a citizen. Each citizen (if not under old
68 governments) certainly does, under our system of polity, possess the same rights and faculties, and sustain the
69 same obligations, political, social, and moral, which appertain to each of his fellow-citizens. As a citizen, then,
34 12.3 Only PRIVATE natural beings can sue in CONSTITUTIONAL court and they must
35 privately invoke the RIGHTS of the corporation franchise in doing so
36 The following case mentioned in the above case also establishes that when someone sues in an Article III
37 CONSTITUTIONAL court, they must do so in their own name as a natural being and invoke rights associated
38 with the corporation. They cannot sue as a corporation, even if they are officers:
39 "Aliens, or citizens of different states, are not less susceptible of these apprehensions, nor can they be supposed
40 to be less the objects of constitutional provision, because they are allowed to sue by a corporate name. That
41 name, indeed, cannot be an alien or a citizen; but the persons whom it represents may be the one or the other;
42 and the controversy is, in fact and in law, between those persons suing in their corporate character, by their
43 corporate name, for a corporate right, and the individual against whom the suit may be instituted. Substantially
44 *88 and essentially, the parties in such a case, where the members of the corporation are aliens, or citizens of a
45 different state from the opposite party, come within the spirit and terms of the jurisdiction conferred by the
46 constitution on the national tribunals."
47 [. . .]
48 If the constitution would authorize congress to give the courts of the union jurisdiction in this case, in
49 consequence of the character of the members of the corporation, then the judicial act ought to be construed to
50 give it. For the term citizen ought to be understood as it is used in the constitution, and as it is used in other
51 laws. That is, to describe the real persons who come into court, in this case, under their corporate name.
52 That corporations composed of citizens are considered by the legislature as citizens, under certain [STATUTORY
53 but not CONSTITUTIONAL] circumstances, is to be strongly inferred from the registering act. It never could be
54 intended that an American registered vessel, abandoned to an insurance company composed of citizens, should
55 lose her character as an American vessel; and yet this would be the consequence of declaring that the members
56 of the corporation were, to every intent and purpose, out of view, and merged in the corporation.
5 We wish to emphasize that if you face a corporation in a federal court and they plead in their own name instead
6 of as individuals representing the corporation, then you can only do so in an Article IV, Section 3, Clause 2
7 franchise court and against a FEDERAL corporation domiciled in the District of Columbia and NOT within any
8 state of the Union. Examples of such Article IV and/or franchise courts include:
9 1. “United States District Courts”. Only “District Courts of the United States” as identified in Article III are
10 CONSTITUTIONAL courts. There are no such courts remaining after they were disestablished in the early 1900’s.
11 The term 'District Courts of the United States,' as used in the rules, without an addition expressing a wider
12 connotation, has its historic significance. It describes the constitutional courts created under article 3 of the
13 Constitution. Courts of the Territories are legislative [FRANCHISE] courts, properly speaking, and are not
14 District Courts of the United States. We have often held that vesting a territorial court with jurisdiction similar
15 to that vested in the District Courts of the United States does not make it a 'District Court of the United States.'
16 Reynolds v. United States, 98 U.S. 145 , 154; The City of Panama, 101 U.S. 453 , 460; In re Mills, 135 U.S. 263,
17 268 , 10 S.Ct. 762; McAllister v. United States, 141 U.S. 174, 182 , 183 S., 11 S.Ct. 949; Stephens v. Cherokee
18 Nation, 174 U.S. 445, 476 , 477 S., 19 S.Ct. 722; Summers v. United States, 231 U.S. 92, 101 , 102 S., 34 S.Ct.
19 38; United States v. Burroughs, 289 U.S. 159, 163 , 53 S.Ct. 574. Not only did the promulgating order use the
20 term District Courts of the United States in its historic and proper sense, but the omission of provision for the
21 application of the rules to the territorial courts and other courts mentioned in the authorizing act clearly shows
22 the limitation that was intended.
23 [Mookini v. United State, 303 U.S. 201 (1938)]
24 2. Circuit Courts of the United States acting in their appellate jurisdiction. These are presumed to be LEGISLATIVE
25 FRANCHISE courts because no enactment of congress EXPRESSLY establishes them with Article III jurisdiction.
26 The only capacity in which they can act as Article III courts is under Supreme Court Rule 17, when a traveling
27 supreme court justice hears the case.
28 Rule17.
29 Procedure in an Original Action
30 1. This Rule applies only to an action invoking the Court’s original jurisdiction under Article III of the
31 Constitution of the United States. See also 28 U.S.C. §1251 and U.S. Const., Amdt. 11. A petition for an
32 extraordinary writ in aid of the Court’s appellate jurisdiction shall be filed as provided in Rule 20.
33 3. U.S. Supreme Court in its APPELLATE jurisdiction from lower district courts. Only when acting in the ORIGINAL
34 jurisdiction can it act in an Article III capacity.
37 (a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more
38 States.
39 (b) The Supreme Court shall have original but not exclusive jurisdiction of:
40 (1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of
41 foreign states are parties;
42 (2) All controversies between the United States and a State;
43 (3) All actions or proceedings by a State against the citizens of another State or against aliens.
44 4. United States Tax Court. This court is an Article I franchise court per 26 U.S.C. §7441.
2 1. Corporations are considered franchises of the government and officers of the corporation are public officers: Because
3 the common law and constitutional law do not permit them to be regulated so they must join the government and be
4 regulated through franchise contracts.
5 2. You cannot sue the government, which is a corporation, without its consent: It DOESN’T PHYSICALLY EXIST and
6 therefore can only act through REAL agents and officers!
7 3. When the government violates your right, you have to sue the HUMAN BEING who injured you and not the
8 “government” or “United States” as a legal person.
9 4. The IRS cannot lawfully enforce against PRIVATE people and can only enforce against those who HAVE and who
10 USE government license numbers. The SSN and TIN act as de facto licenses to exercise the functions of a public
11 office within the “U.S. Inc.” federal corporation identified in 28 U.S.C. §3002(15)(A).
12 5. The “United States” government is identified as a “foreign corporation” in relation to a Constitutional State: because
13 all those inside the state are statutory aliens and it is “foreign” not only in CONSTITUTIONAL STATE courts, but
14 also CONSTITUTIONAL FEDERAL courts! Anything that DOESN’T LEGALLY EXIST is ALWAYS “foreign”.
17 6. When the government prosecutes a crime, it must do so in the name of a specific, flesh and blood injured person.
18 7. When the government sues in federal civil court, they name “United States of America” as the Plaintiff, which is a
19 PRIVATE corporation incorporated in the state of Delaware rather than a de jure government. See:
SEDM Exhibit #08.007
http://sedm.org/Exhibits/ExhibitIndex.htm
20 Keep in mind also the following crucial facts if you face the government in a federal CONSTITUTIONAL court
21 as defendant or respondent:
22 1. Because only INDIVIDUALS can sue in federal court under diversity of citizenship, then their case has to be
23 dismissed since they are not a natural being.
24 2. If they defend your request to dismiss the case against you in federal civil court by stating that the court is an Article
25 IV legislative franchise court, then they also have to satisfy the burden of proving that:
26 2.1. The matter involves a public right.
27 2.2. You were lawfully elected or appointed to a public office and are therefore surety for the office exercising the
28 right.
29 2.3. You were domiciled on federal territory at the time you were elected or appointed, so that you could “alienate” an
30 otherwise “inalienable right” and become a public officer.
32 All those who own stock in a corporation are considered as being contractors of the government.
33 The court held that the first company's charter was a contract between it and the state, within the protection of
34 the constitution of the United States, and that the charter to the last company was therefore null and void., Mr.
35 Justice DAVIS, delivering the opinion of the court, said that, if anything was settled by an unbroken chain of
36 decisions in the federal courts, it was that an act of incorporation was a contract between the state and the
37 stockholders, 'a departure from which now would involve dangers to society that cannot be foreseen, would
38 shock the sense of justice of the country, unhinge its business interests, and weaken, if not destroy, that respect
39 which has always been felt for the judicial department of the government.'
40 [New Orleans Gas Co. v. Louisiana Light Co., 115 U.S. 650 (1885) ]
41 13 How Legitimate De Jure Governments are transformed into De Facto Private Corporations
42 This section will explain in greater detail the techniques described at the end of section 1 for transforming a
43 legitimate de jure government into a de facto private corporation.
2 Going along with the notion of corporatization of the government is privatization of the government. By
3 privatization, we mean that:
4 1. Franchises are used to UNLAWFULLY recruit and procure new public officers of the private corporate government.
5 When people sign up for franchises, they:
6 1.1. Change their status and their domicile from foreign to domestic in relation to the national government under Federal
7 Rule of Civil Procedure 17(b).
8 1.2. Abandon the body politic and join the body corporate as an officer of the federal corporation participating in
9 franchises. The Beast is really just a for-profit de facto corporation impersonating a de jure government. As the
10 Bible would say "It has a form of godliness, but denies the power [of the PEOPLE who created it] thereof."
11 1.3. Abandon the rights protected by the Constitution and voluntarily exchange them for statutory privileges as a public
12 officer in the government. Since all governments are corporations, then those receiving government benefits are
13 "officers of a corporation" under 26 U.S.C. §6671(b) and 26 U.S.C. §7343. It is otherwise illegal to pay PUBLIC
14 funds to private persons, so you must become a "public officer" and a "public person" to receive payments or
15 "benefits" from the government.
16 2. Statutory “U.S. citizens” and “permanent residents” with a domicile in the “United States” are treated as de facto officers
17 of a private federal corporation.
18 2.1. They hired on as “employees” (5 U.S.C. §2105(a)) and public officers the minute they filled out a government form
19 describing themselves as “U.S. citizens”.
20 2.2. Choosing the “U.S. citizen” status is the method by which they politically and legally associated with the body
21 corporate but NOT the body politic.
22 2.3. All the statutes passed by the corporation are special law and private law that can only lawfully apply to officers of
23 the corporation called statutory “U.S. citizens” under 8 U.S.C. §1401. In that sense, nearly all law is just corporate
24 policy disguised to look like public law that applies to those who don’t work for the corporation. See:
Why Statutory Civil Law is Law for Government and Not Private Persons, Form #05.037
http://sedm.org/Forms/FormIndex.htm
25 2.4. Government agencies will summarily deny service to those who are not officers of the corporation called by
26 impeding or refusing the processing of any government form submitted that does not describe the applicant as an
27 officer of the corporation called a statutory “U.S. citizen”.
28 2.5. Information returns such as IRS Forms W-2, 1042-S, 1098, and 1099 connected with tax administration are being
29 used to involuntarily “elect” formerly private parties into public office within the federal government without their
30 consent. Since these returns are filed annually, people are “elected” annually into public office within the private
31 corporate government. 26 U.S.C. §6041(a) says these information returns can only be lawfully filed for those
32 engaged in a “trade or business”, which in turn is defined in 26 U.S.C. §7701(a)(26) as “the functions of a public
33 office”. If you don’t rebut these usually false reports, then you just got elected and will not only NOT receive
34 compensation, but will have to PAY for the “privilege” of occupying said public office under the terms of the
35 Internal Revenue Code, Subtitles A and C public officer kickback program, franchise, and “employment”
36 agreement. See:
Correcting Erroneous Information Returns, Form #04.001
http://sedm.org/Forms/FormIndex.htm
37 3. The state and federal governments we have now are private, for-profit corporations that are PRETENDING to be “public
38 trusts” for the equal benefit of all, but really only benefit the rulers:
39 3.1. These corporations are no longer tied to a territory or land mass. After the Civil War and the enactment of the first
40 federal income tax in 1862 and the corporatization of the U.S. government in 1871, all the states of the Union
41 rewrote their constitutions to remove references to their territorial boundaries and became corporations with no
42 territory. In a sense, they divorced themselves from the land and became a strictly political entity. Everything they
43 do is a consequence of contract and consent, and contracts know no place. These contracts consist of franchise
44 agreements, and all franchises are the subject of a contract79:
79
Larson v. South Dakota, 278 U.S. 429, 73 L.Ed. 441, 49 S.Ct. 196; Grand Trunk Western R. Co. v. South Bend, 227 U.S. 544, 57 L.Ed. 633, 33 S.Ct. 303;
Blair v. Chicago, 201 U.S. 400, 50 L.Ed. 801, 26 S.Ct. 427; Arkansas-Missouri Power Co. v. Brown, 176 Ark. 774, 4 S.W.2d. 15, 58 A.L.R. 534; Chicago
General R. Co. v. Chicago, 176 Ill. 253, 52 N.E. 880; Louisville v. Louisville Home Tel. Co., 149 Ky. 234, 148 S.W. 13; State ex rel. Kansas City v. East
Fifth Street R. Co., 140 Mo. 539, 41 S.W. 955; Baker v. Montana Petroleum Co., 99 Mont. 465, 44 P.2d. 735; Re Board of Fire Comrs. 27 N.J. 192, 142
A.2d. 85; Chrysler Light & P. Co. v. Belfield, 58 N.D. 33, 224 N.W. 871, 63 A.L.R. 1337; Franklin County v. Public Utilities Com., 107 Ohio.St. 442, 140
N.E. 87, 30 A.L.R. 429; State ex rel. Daniel v. Broad River Power Co., 157 S.C. 1, 153 S.E. 537; Rutland Electric Light Co. v. Marble City Electric Light
Co., 65 Vt. 377, 26 A. 635; Virginia-Western Power Co. v. Commonwealth, 125 Va. 469, 99 S.E. 723, 9 A.L.R. 1148, cert den 251 U.S. 557, 64 L.Ed. 413,
Corporatization and Privatization of the Government 194 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 Debitum et contractus non sunt nullius loci.
2 Debt and contract [franchise agreement, in this case] are of no particular place.
3
4 Locus contractus regit actum.
5 The place of the contract [franchise agreement, in this case] governs the act.
6
7 [Bouvier’s Maxims of Law, 1856;
8 SOURCE: http://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm]
9 Note that the de jure constitutions from before the Civil War were not repealed, but simply replaced with new ones
10 no longer tied to specific territorial boundaries, making them “bodies corporate” and removing the status of “body
11 politic” from them.
12 3.2. These de facto corporations are called the “State of_____” or the “United States”. The corporate charter is called:
13 3.2.1. The United States Constitution instead of the “United States of America Constitution” in the case of the federal
14 government.
15 3.2.2. The new State constitutions as opposed to the old de jure constitutions.
16 3.3. Those who are “employees” and “officers” of this corporation are the only ones with a “domicile” or “residence”
17 within this private, for-profit corporation. All such “persons” doing business with this corporation are required to
18 present a “license” to act in the capacity of officer of this corporation, and this de facto license is called a Social
19 Security Number (SSN) of the Taxpayer Identification Number (TIN). The instructions for IRS Form 1042-S admit
20 that you only need the number when you are engaging in a “trade or business”, which is then defined in 26 U.S.C.
21 §7701(a)(26) as “the functions of a public office”:
24 • Any recipient whose income is effectively connected with the conduct of a trade or business in the
25 United States.
26 Note. For these recipients, exemption code 01 should be entered in box 6.
27 • Any foreign person claiming a reduced rate of, or exemption from, tax under a tax treaty between a
28 foreign country and the United States, unless the income is an unexpected payment (as described in
29 Regulations section 1.1441-6(g)) or consists of dividends and interest from stocks and debt obligations
30 that are actively traded; dividends from any redeemable security issued by an investment company
31 registered under the Investment Company Act of 1940 (mutual fund); dividends, interest, or royalties
32 from units of beneficial interest in a unit investment trust that are (or were, upon issuance) publicly
33 offered and are registered with the Securities and Exchange Commission under the Securities Act of
34 1933; and amounts paid with respect to loans of any of the above securities.
35 • Any nonresident alien individual claiming exemption from tax under section 871(f) for certain
36 annuities received under qualified plans.
37 • A foreign organization claiming an exemption from tax solely because of its status as a tax-exempt
38 organization under section 501(c ) or as a private foundation.
39 • Any QI.
40 • Any WP or WT.
41 • Any nonresident alien individual claiming exemption from withholding on compensation for
42 independent personal services [services connected with a “trade or business”].
43 • Any foreign grantor trust with five or fewer grantors.
44 • Any branch of a foreign bank or foreign insurance company that is treated as a U.S. person.
45 If a foreign person provides a TIN on a Form W-8, but is not required to do so, the withholding agent must
46 include the TIN on Form 1042-S.
48 3.4. Government forms, such as tax and court forms, which ask you to declare that you are “within the State of____” or
49 “within the United States” under penalty of perjury are really asking you to indicate that you are an officer serving
50 WITHIN the government and therefore subject to the direct, statutory supervision of the government without the
51 need for implementing regulations. It would otherwise be illegal for them to directly enforce federal or state statutes
52 against private individuals, because the ability to regulate private conduct is repugnant to the Constitution.
40 S.Ct. 179, disapproved on other grounds Victoria v. Victoria Ice, Light & Power Co. 134 Va. 134, 114 S.E. 92, 28 A.L.R. 562, and disapproved on other
grounds Richmond v. Virginia Ry. & Power Co. 141 Va. 69, 126 S.E. 353.
9 4. The goal of the state and federal governments has shifted from the equal benefit of all in the public under a charitable
10 “public trust” to the private benefit of a few under a “private trust” . If you don’t have a license number and participate
11 in any government franchise, you don’t even exist legally and they won’t talk to you or service you. Equal protection,
12 on the other hand, requires that they must service EVERYONE, including those without “employment” (public office)
13 account numbers called Social Security Numbers (SSNs) or Taxpayer Identification Numbers (TINs). In effect, those
14 having or using licenses to act as public officers in the form of Social Security Numbers and Taxpayer Identification
15 Numbers are in receipt of an unconstitutional “title of nobility” and enjoy special privileges not enjoyed by private
16 persons. This, of course, violates the intent of the U.S. Constitution, which forbids “titles of nobility” in Art. 1, Section
17 9, Clause 8 and Article 1, Section 10.
18 5. What courts call “public service” is really “private service” or simply “private employment”.
19 5.1. We never had a real judicial branch. Our federal courts have always been Executive Branch agencies that administer
20 federal franchises.
21 5.2. Our federal courts are really nothing but legislatively created corporate “franchise courts” and “corporate arbitration
22 boards” established under Article 4, Section 3, Clause 2 of the constitution, not Article III constitutional courts.
23 See:
What Happened to Justice?, Form #06.012
http://sedm.org/ItemInfo/Ebooks/WhatHappJustice/WhatHappJustice.htm
24 6. Government and especially courts are illegally abusing sovereign immunity to protect and extend the private, for-profit
25 corporate franchise monopolies represented by our present de facto state and federal corporate/private
26 pseudo=governments:
27 6.1. Sovereign immunity can only lawfully be used to protect a public purpose, not a private purpose.
28 6.2. Courts and executive branch agencies are lying to the public by labeling what they do as a “public purpose” that is
29 susceptible to protection under the judicial doctrine of sovereign immunity.
30 7. Both State and Federal de facto Governments have abandoned the republics established by Article 4, Section 4 and the
31 Articles of Confederation and unconstitutionally moved all their operations to federal territory and implemented nearly
32 all of the services they offer exclusively through fee-based franchises. The Constitution identifies itself as “the law of
33 the land” and “the land” they are talking about is ONLY federal territory! This devious scheme to replace “rights” with
34 “privileges”:
35 7.1. Can only lawfully operate on federal territory not protected by the Bill of Rights. The Declaration of Independence
36 says our rights are “unalienable”, which means that they cannot be bargained away in relation to the government in
37 places where they exist and therefore cannot be forfeited under the terms of a franchise agreement. Consequently,
38 any attempt to offer franchises to persons domiciled on land protected by the Bill of Rights constitutes a criminal
39 conspiracy against rights in violation of 42 U.S.C. §1983 and 18 U.S.C. §241.
40 “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator
41 with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure
42 these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,
43 -“
44 [Declaration of Independence]
45 “Unalienable. Inalienable; incapable of being aliened, that is, sold and transferred.”
46 [Black’s Law Dictionary, Fourth Edition, p. 1693]
47 7.2. Has shifted the basis for operating the government from that of “equal protection” to “unequal privilege”.
48 Everything that happens on federal territory is privileged and requires statutory authorization from the government
49 because there are not rights on most federal territory, but only statutory privileges.
50 7.3. Compels those who require any kind of government service to commit perjury on a government form and declare
51 themselves to be domiciled on federal territory by identifying themselves to be a statutory “U.S. citizen” pursuant
52 to 8 U.S.C. §1401, a statutory “resident” (alien) pursuant to 26 U.S.C. §7701(b)(1)(A), or a statutory “U.S. person”
53 pursuant to 26 U.S.C. §7701(a)(30). This allows formerly “private” men and women to take on a “public” character
54 and thereby become a “person”, an “individual” as defined in 5 U.S.C. §552a(a)(2), and “federal personnel” as
27 “Dulocracy. A government where servants and slaves have so much license and privilege that they domineer.”
28 [Black’s Law Dictionary, Sixth Edition, p. 501]
29 8.3. Attorneys have a conflict of interest and no longer serve “the state” in its classical de jure meaning.
30 “State. A people permanently occupying a fixed territory bound together by common-law habits and custom
31 into one body politic exercising, through the medium of an organized government, independent sovereignty
32 and control over all persons and things within its boundaries, capable of making war and peace and of entering
33 into international relations with other communities of the globe. United States v. Kusche, D.C.Cal., 56 F.Supp.
34 201 207, 208. The organization of social life which exercises sovereign power in behalf of the people. Delany v.
35 Moralitis, C.C.A.Md., 136 F.2d. 129, 130. In its largest sense, a “state” is a body politic or a society of men.
36 Beagle v. Motor Vehicle Acc. Indemnification Corp., 44 Misc.2d. 636, 254 N.Y.S.2d. 763, 765. A body of people
37 occupying a definite territory and politically organized under one government. State ex re. Maisano v. Mitchell,
38 155 Conn. 256, 231 A.2d. 539, 542. A territorial unit with a distinct general body of law. Restatement, Second,
39 Conflicts, §3. Term may refer either to body politic of a nation (e.g. United States) or to an individual government
40 unit of such nation (e.g. California).”
41 [Black’s Law Dictionary, Sixth Edition, p. 1407]
42 ________________________________________________________________________________
43 “I do solemnly swear or affirm to support the Constitution of the United States. That I will bear true faith and
44 allegiance to the government [not “the State”, but the “government”] of the United States. That I will maintain
45 respect due to the courts of justice, and judicial officers, and that I will demean myself as an attorney proctor,
46 advocate, solicitor, and counselor of this court uprightly. (So help me God)
47 “I certify that I am a member in good standing of the Bar of the State of California.”
48 [Oath taken by attorneys admitted to practice law in United States District Court, Southern California District;
49 SOURCE: http://famguardian.org/Subjects/LawAndGovt/LegalEthics/PetForAdmToPractice-USDC.pdf]
50 9. The purpose for the existence of our so-called “government” is the financial and personal benefit of those who serve in
51 it and “invest” in it through payroll deductions, and not the “public” at large. In that sense, so-called “government
4 “Public purpose. In the law of taxation, eminent domain, etc., this is a term of classification to distinguish the
5 objects for which, according to settled usage, the government is to provide, from those which, by the like usage,
6 are left to private interest, inclination, or liberality. The constitutional requirement that the purpose of any tax,
7 police regulation, or particular exertion of the power of eminent domain shall be the convenience, safety, or
8 welfare of the entire community and not the welfare of a specific individual or class of persons [such as, for
9 instance, federal benefit recipients as individuals]. “Public purpose” that will justify expenditure of public money
10 generally means such an activity as will serve as benefit to community as a body and which at same time is directly
11 related function of government. Pack v. Southwestern Bell Tel. & Tel. Co., 215 Tenn. 503, 387 S.W.2d. 789, 794.
12 The term is synonymous with governmental purpose. As employed to denote the objects for which taxes may be
13 levied, it has no relation to the urgency of the public need or to the extent of the public benefit which is to follow;
14 the essential requisite being that a public service or use shall affect the inhabitants as a community, and not
15 merely as individuals. A public purpose or public business has for its objective the promotion of the public
16 health, safety, morals, general welfare, security, prosperity, and contentment of all the inhabitants or residents
17 within a given political division, as, for example, a state, the sovereign powers of which are exercised to promote
18 such public purpose or public business.”
19 [Black’s Law Dictionary, Sixth Edition, p. 1231, Emphasis added]
20 __________________________________________________________________________________________
21
22 “To lay, with one hand, the power of the government on the property of the citizen, and with the other to bestow
23 it upon favored individuals to aid private enterprises and build up private fortunes, is none the less a robbery
24 because it is done under the forms of law and is called taxation. This is not legislation. It is a decree under
25 legislative forms.
26
27 Nor is it taxation. ‘A tax,’ says Webster’s Dictionary, ‘is a rate or sum of money assessed on the person or
28 property of a citizen by government for the use of the nation or State.’ ‘Taxes are burdens or charges imposed
29 by the Legislature upon persons or property to raise money for public purposes.’ Cooley, Const. Lim., 479.
30
31 Coulter, J., in Northern Liberties v. St. John’s Church, 13 Pa.St. 104 says, very forcibly, ‘I think the common
32 mind has everywhere taken in the understanding that taxes are a public imposition, levied by authority of the
33 government for the purposes of carrying on the government in all its machinery and operations—that they are
34 imposed for a public purpose.’ See, also Pray v. Northern Liberties, 31 Pa.St. 69; Matter of Mayor of N.Y., 11
35 Johns., 77; Camden v. Allen, 2 Dutch., 398; Sharpless v. Mayor, supra; Hanson v. Vernon, 27 Ia., 47; Whiting v.
36 Fond du Lac, supra.”
37 [Loan Association v. Topeka, 20 Wall. 655 (1874)]
38 13.2 Rules for Changing a Republic Based on Equality to a Monarchy Based on Inequality and
39 Privilege
40 Those who had opposed the Constitution thought their fears justified by the conduct of the government that began
41 to function in 1789. Under the aggressive leadership of Alexander Hamilton, the secretary of the treasury,
42 economic measures were taken that favored the few, while an effective party machine was organized and the army
43 strengthened in such a way as to suggest an intent to control rather than to represent the many. The whole tone of
44 Washington's administration was aristocratic, favoring as it did the educated, the wealthy, the clergy, and the
45 press, who were fearful of "mob rule" and preferred to see what Hamilton called "gentlemen of principle and
46 property" in command. As Hamilton had at his service a newspaper --- John Fenno's Gazette of the United States
47 --- to support his policies, his opponents, led by Jefferson and Madison, decided to establish a rival newspaper,
48 the National Gazette. Philip Freneau, an experienced journalist of known democratic leanings, was chosen to edit
49 the paper. The editorial, reprinted here, is typical of those in which Freneau criticized the Hamiltonian program
50 from 1791 to 1793.
51 _________________________________________________
52 Rules for changing a limited republican government into an unlimited hereditary one.
53 1. It being necessary, in order to effect the change, to get rid of constitutional shackles and popular prejudices, all
54 possible means and occasions are to be used for both these purposes.
5 3. Should the attempt fail through his republican aversion to it, or from the danger of alarming the people, do not
6 abandon the enterprise altogether, but lay up the proposition in record. Time may gain it respect, and it will be
7 there always ready, cut and dried, for any favorable conjuncture that may offer.
8 4. In drawing all bills, resolutions, and reports, keep constantly in view that the limitations in the Constitution are
9 ultimately to be explained away. Precedents and phrases may thus be shuffled in, without being adverted to by
10 candid or weak people, of which good use may afterward be made.
11 5. As the novelty and bustle of inaugurating the government will for some time keep the public mind in a heedless
12 and unsettled state, let the press during this period be busy in propogating the doctrines of monarchy and
13 aristocracy. For this purpose it will be particularly useful to confound a mobbish democracy with a representative
14 republic, that by exhibiting all the turbulent examples and enormities of the former, an odium may be thrown on
15 the character of the latter. Review all the civil contests, convulsions, factions, broils, squabbles, bickerings, black
16 eyes, and bloody noses of ancient, middle, and modern ages; caricature them into the most frightful forms and
17 colors that can be imagined; and unfold one scene of the horrible tragedy after another till the people be made, if
18 possible, to tremble at their own shadows. Let the discourses on Davila then contrast with these pictures of terror
19 the quiet of hereditary succession, the reverence claimed by birth and nobility, and the fascinating influence of
20 stars, and ribands, and garters, cautiously suppressing all the bloody tragedies and unceasing oppressions which
21 form the history of this species of government. No pains should be spared in this part of the undertaking, for the
22 greatest will be wanted, it being extremely difficult, especially when a people have been taught to reason and feel
23 their rights, to convince them that a king, who is always an enemy to the people, and a nobility, who are perhaps
24 still more so, will take better care of the people than the people will take of themselves.
25 6. But the grand nostrum will be a public debt, provided enough of it can be got and it be medicated with the
26 proper ingredients. If by good fortune a debt be ready at hand, the most is to be made of it. Stretch it and swell it
27 to the utmost the items will bear. Allow as many extra claims as decency will permit. Assume all the debts of your
28 neighbors --- in a word, get as much debt as can be raked and scraped together, and when you have got all you
29 can, "advertise" for more, and have the debt made as big as possible. This object being accomplished, the next
30 will be to make it as perpetual as possible; and the next to that, to get it into as few hands as possible. The more
31 effectually to bring this about, modify the debt, complicate it, divide it, subdivide it, subtract it, postpone it, let
32 there be one-third of two-thirds, and two-thirds of one-third, and two-thirds of two-thirds; let there be 3 percents,
33 and 4 percents, and 6 percents, and present 6 percents, and future 6 percents. To be brief, let the whole be such a
34 mystery that a few only can understand it; and let all possible opportunities and informations fall in the way of
35 these few, to clinch their advantages over the many.
36 7. It must not be forgotten that the members of the legislative body are to have a deep stake in the game. This is
37 an essential point, and happily is attended with no difficulty. A sufficient number, properly disposed, can
38 alternately legislate and speculate, and speculate and legislate, and buy and sell, and sell and buy, until a due
39 portion of the property of their constituents has passed into their hands to give them an interest against their
40 constituents, and to ensure the part they are to act. All this, however, must be carried on under cover of the closest
41 secrecy; and it is particularly lucky that dealings in paper admit of more secrecy than any other. Should a discovery
42 take place, the whole plan may be blown up.
43 8. The ways in which a great debt, so constituted and applied, will contribute to the ultimate end in view are both
44 numerous and obvious. (1) The favorite few, thus possessed of it, whether within or without the government, will
45 feel the staunchest fealty to it, and will go through thick and thin to support it in all its oppressions and usurpations.
46 (2) Their money will give them consequence and influence, even among those who have been tricked out of it.
7 9. The management of a great funded debt and an extensive system of taxes will afford a plea, not to be neglected,
8 for establishing a great incorporated bank. The use of such a machine is well understood. If the Constitution,
9 according to its fair meaning, should not authorize it, so much the better. Push it through by a forced meaning and
10 you will get in the bargain an admirable precedent for future misconstructions.
11 In fashioning the bank, remember that it is to be made particularly instrumental in enriching and aggrandizing the
12 elect few, who are to be called in due season to the honors and felicities of the kingdom preparing for them, and
13 who are the pillars that must support it. It will be easy to throw the benefit entirely into their hands, and to make
14 it a solid addition of 50, or 60, or 70 percent to their former capitals of 800 percent, or 900 percent, without costing
15 them a shilling; while it will be so difficult to explain to the people that this gain of the few is at the cost of the
16 many, that the contrary may be boldly and safely pretended. The bank will be pregnant with other important
17 advantages. It will admit the same men to be, at the same time, members of the bank and members of the
18 government. The two institutions will thus be soldered together, and each made the stronger. Money will be put
19 under the direction of the government, and government under the direction of money. To crown the whole, the
20 bank will have a proper interest in swelling and perpetuating the public debt and public taxes, with all the blessings
21 of both, because its agency and its profits will be extended in exact proportion.
22 10. "Divide and govern" is a maxim consecrated by the experience of ages, and should be as familiar in its use to
23 every politician as the knife he carries in his pocket. In the work here to be executed, the best effects may be
24 produced by this maxim, and with peculiar facility. An extensive republic made up of lesser republics necessarily
25 contains various sorts of people, distinguished by local and other interests and prejudices. Let the whole group be
26 well examined in all its parts and relations, geographical and political, metaphysical and metaphorical; let there
27 be first a northern and a southern section, by a line running east and west, and then an eastern and western section,
28 by a line running north and south. By a suitable nomenclature, the landholders cultivating different articles can be
29 discriminated from one another, all from the class of merchants, and both from that of manufacturers.
30 One of the subordinate republics may be represented as a commercial state, another as a navigation state, another
31 as a manufacturing state, others as agricultural states; and although the great body of the people in each be really
32 agricultural, and the other characters be more or less common to all, still it will be politic to take advantage of
33 such an arrangement. Should the members of the great republic be of different sizes, and subject to little jealousies
34 on that account, another important division will be ready formed to your hand. Add again the divisions that may
35 be carved out of personal interests, political opinions, and local parties. With so convenient an assortment of votes,
36 especially with the help of the marked ones, a majority may be packed for any question with as much ease as the
37 odd trick by an adroit gamester, and any measure whatever be carried or defeated, as the great revolution to be
38 brought about may require.
39 It is only necessary, therefore, to recommend that full use be made of the resource; and to remark that, besides the
40 direct benefit to be drawn from these artificial divisions, they will tend to smother the true and natural one, existing
41 in all societies, between the few who are always impatient of political equality and the many who can never rise
42 above it; between those who are to mount to the prerogatives and those who are to be saddled with the burdens of
43 the hereditary government to be introduced --- in one word, between the general mass of the people, attached to
44 their republican government and republican interests, and the chosen band devoted to monarchy and Mammon. It
45 is of infinite importance that this distinction should be kept out of sight. The success of the project absolutely
46 requires it.
11 As the people, however, may not run so readily into the snare as might be wished, it will be prudent to bait it well
12 with some specious popular interest, such as the encouragement of manufactures, or even of agriculture, taking
13 due care not even to mention any unpopular object to which the power is equally applicable, such as religion, etc.
14 By this contrivance, particular classes of people may possibly be taken in who will be a valuable reinforcement.
15 With respect to the patronage of agriculture there is not indeed much to be expected from it. It will be too quickly
16 seen through by the owners and tillers of the soil, that to tax them with one hand and pay back a part only with
17 the other is a losing game on their side. From the power over manufactures more is to be hoped. It will not be so
18 easily perceived that the premium bestowed may not be equal to the circuitous tax on consumption which pays it.
19 There are particular reasons, too, for pushing the experiment on this class of citizens.
20 (1) As they live in towns and can act together, it is of vast consequence to gain them over to the interest of
21 monarchy. (2) If the power over them be once established, the government can grant favors or monopolies, as it
22 pleases; can raise or depress this or that place, as it pleases; can gratify this or that individual, as it pleases; in a
23 word, by creating a dependence in so numerous and important a class of citizens, it will increase its own
24 independence of every class and be more free to pursue the grand object in contemplation. (3) The expense of this
25 operation will not in the end cost the government a shilling, for the moment any branch of manufacture has been
26 brought to a state of tolerable maturity the exciseman will be ready with his constable and his search warrant to
27 demand a reimbursement, and as much more can be squeezed out of the article. All this, it is to be remembered,
28 supposes that the manufacturers will be weak enough to be cheated, in some respects, out of their own interests,
29 and wicked enough, in others, to betray those of their fellow citizens; a supposition that, if known, would totally
30 mar the experiment. Great care, therefore, must be taken to prevent it from leaking out.
31 12. The expediency of seizing every occasion of external danger for augmenting and perpetuating the standing
32 military force is too obvious to escape. So important is this matter that for any loss or disaster whatever attending
33 the national arms, there will be ample consolation and compensation in the opportunity for enlarging the
34 establishment. A military defeat will become a political victory, and the loss of a little vulgar blood contribute to
35 ennoble that which flows in the veins of our future dukes and marquesses.
36 13. The same prudence will improve the opportunity afforded by an increase of military expenditures for
37 perpetuating the taxes required for them. If the inconsistency and absurdity of establishing a perpetual tax for a
38 temporary service should produce any difficulty in the business, Rule 10 must be resorted to. Throw in as many
39 extraneous motives as will make up a majority, and the thing is effected in an instant. What was before evil will
40 become good as easily as black could be made white by the same magical operation.
41 14. Throughout this great undertaking it will be wise to have some particular model constantly in view. The work
42 can then be carried on more systematically, and every measure be fortified, in the progress, by apt illustrations
43 and authorities. Should there exist a particular monarchy against which there are fewer prejudices than against
44 any other; should it contain a mixture of the representative principle so as to present on one side the semblance of
45 a republican aspect; should it, moreover, have a great, funded, complicated, irredeemable debt, with all the
46 apparatus and appurtenances of excises, banks, etc., upon that a steady eye is to be kept. In all cases it will assist,
3 15. As it is not to be expected that the change of a republic into a monarchy, with the rapidity desired, can be
4 carried through without occasional suspicions and alarms, it will be necessary to be prepared for such events. The
5 best general rule on the subject is to be taken from the example of crying "Stop thief" first --- neither lungs nor
6 pens must be spared in charging every man who whispers, or even thinks, that the revolution on foot is meditated,
7 with being himself an enemy to the established government and meaning to overturn it. Let the charge be reiterated
8 and reverberated till at last such confusion and uncertainty be produced that the people, being not able to find out
9 where the truth lies, withdraw their attention from the contest.
10 Many other rules of great wisdom and efficacy might be added; but it is conceived that the above will be
11 abundantly enough for the purpose. This will certainly be the case if the people can be either kept asleep so as not
12 to discover, or be thrown into artificial divisions so as not to resist, what is silently going forward. Should it be
13 found impossible, however, to prevent the people from awakening and uniting; should all artificial distinctions
14 give way to the natural division between the lordly minded few and the well-disposed many; should all who have
15 common interest make a common cause and show an inflexible attachment to republicanism in opposition to a
16 government of monarchy and of money, why then * * *
18 13.3 Bankruptcy: The De Jure United States is Bankrupt and has been replaced by a de facto
19 private corporation80
20 The United States went "Bankrupt" in 1933 and was declared so by President Roosevelt by Executive Orders
21 6073, 6102, 6111 and Executive Order No. 6260, [See: Senate Report 93-549, pgs. 187 & 594 under the "Trading
22 With The Enemy Act" [Sixty-Fifth Congress, Sess. I, Chs. 105, 106, October 6, 1917], and as codified at 12
23 U.S.C.A. §95a. The several States of the Union then pledged the faith and credit thereof to the aid of the National
24 Government, and formed numerous socialist committees, such as the "Council Of State Governments," "Social
25 Security Administration" etc., to purportedly deal with the economic "Emergency." These Organizations operated
26 under the "Declaration Of INTERdependence" of January 22, 1937, and published some of their activities in "The
27 Book Of The States." The 1937 Edition of The Book Of The States openly declared that the people engaged in
28 such activities as the Farming/Husbandry Industry had been reduced to mere feudal "Tenants" on their Land.
29 [Book Of The States, 1937, pg. 155] This of course was compounded by such activities as price fixing wheat and
30 grains [7 U.S.C.A. §1903], quota regulation 17 U.S.C.A. §1371], and livestock products [7 U.S.C.A. §1903],
31 which have been held consistently below the costs of production; interest on loans and inflation of the paper "Bills
32 of Credit"; leaving the food producers and others in a state of peonage and involuntary servitude, constituting the
33 taking of private property, for the benefit and use of others, without just compensation.
34 Note: The Council Of State Governments has now been absorbed into such things as the "National Conference
35 Of Commissioners On Uniform State Laws," whose Headquarters Office is located at 676 North Street, Clair
36 Street, Suite 1700, Chicago, Illinois 60611, and "all" being "members of the Bar," and operating under a different
37 "Constitution And By-Laws" has promulgated, lobbied for, passed, adjudicated and ordered the implementation
38 and execution of their purported statutory provisions, to "help implement international treaties of the United States
39 or where world uniformity would be desirable." [See: 1990/91 Reference Book, National Council Of
40 Commissioners On Uniform State Laws, pg. 2] This is apparently what Robert Bork meant when he wrote "we
41 are governed not by law or elected representatives but by an unelected, unrepresentative, unaccountable committee
42 of lawyers applying no will but their own." [See: The Tempting Of America. Robert H. Bork. pg. 130]
80
Adapted from: http://usa-the-republic.com/emergency%20powers/United%20States%20Bankrupt.html. For additional information on this subject, see
the writings of John Nelson.
13 "When I have signed this bill before me, we will have made the first fundamental change in our coinage in 173
14 years. The Coinage Act of 1965 supersedes the Act of 1792. And that Act had the title: An Act Establishing a
15 Mint and Regulating the Coinage of the United States ..."
16 "Now I will sign this bill to make the first change in our coinage system since the 18th Century. To those members
17 of Congress, who are here on this historic occasion, I want to assure you that in making this change from the
18 18th Century we have no idea of returning to it."
19 It is important to take cognizance of the fact that NO Constitutional Amendment was ever obtained to
20 FUNDAMENTALLY "CHANGE," amend, abridge, or abolish the Constitutional mandates, provisions, or
21 prohibitions, but due to internal and external diversions surrounding the Viet Nam War, etc., the usurpation and
22 breach went basically unchallenged and unnoticed by the general public at large, who became "a wealthy man's
23 cannon fodder or cheap source of slave labor." [See: Silent Weapons For Quiet Wars, TM-SW7905.1, pgs. 6, 7,
24 8, 9, 12, 13 and 56] Congress was clearly delegated the Power and Authority to regulate and maintain the true
25 and inherent "value" of the Coin within the scope and purview of Article I, Section 8, Clauses 5 & 6 and Article
26 I, Section 10, Clause 1, of the ordained Constitution (1787), and further, under a corresponding duty and obligation
27 to maintain said gold and silver Coin and Foreign Coin at and within the necessary and proper "equal weights and
28 measures" clause. [See also: Bible, Deuteronomy, Chapter 25, verses 13 through 16, Public Law 97-289, 96 Stat.
29 1211]
30 Those exercising the Offices of the several States, in equal measure, knew such "De Facto Transitions" were
31 unlawful and unauthorized, but sanctioned, implemented and enforced the complete debauchment and the
32 resulting "governmental, social, industrial economic change" in the "De Jure" States and in United States of
33 America [See: Public Law 94-564, Legislative History, pg. 5936, 5945, 31 U.S.C.A. §314, 31 U.S.C.A. §321,
34 31 U.S.C.A. §5112, C. (Colorado) R.S. 11-61-101, C.R.S. 39-22-103.5 and C.R.S. 18-11-203, and were and are
35 now under the delusion that they can do both directly and indirectly what they were absolutely prohibited from
36 doing. [See also, Federalist Paper No. 44, Craig vs. Missouri, 4 Peters 903]
37 In 1966, Congress being severely compromised, passed the "Federal Tax Lien Act of 1966, by which the entire
38 taxing and monetary system i.e. "Essential Engine" [See: Federalist Paper No. 31] was placed under the Uniform
39 Commercial Code (U.C.C.). [See: Public Law 89-719, Legislative History, pg. 3722, also see: C. (Colorado) R.S.
40 5-1-106] The Uniform Commercial Code (U.C.C.) was, of course, promulgated by the National Conferences Of
41 Commissioners On Uniform State Laws in collusion with the American Law Institute for the "banking and
42 business interests." [See: Handbook Of The National Conference Of Commissioners On Uniform State Laws,
43 (1966) Ed. pgs, 152 & 153] The United States being engaged in numerous U.N. conflicts, including the Korean
44 and the Viet Nam conflicts, which were under the direction of the United Nations [See: 22 U.S.C.A. §287d], and
45 agreeing to foot the bill [See: 22 U.S.C.A. §287j], and not being able to honor their obligations and re-
46 hypothecated debt credit, openly and publicly dishonored and disavowed their "Notes" and "obligations" [12
47 U.S.C.A. §411] i.e. "Federal Reserve Notes" through Public Law 90-262, Section 2, 82 Stat. 50 (1968) to wit:
48 "Sec. 2. The first sentence of section 15 of the Federal Reserve Act (12 U.S.C. 391) is amended by striking 'and
49 the funds provided in this Act for the redemption of Federal Reserve notes'."
Corporatization and Privatization of the Government 203 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 Things steadily grew worse and on March 28, 1970; President Nixon issued Proclamation No. 3972, declaring an
2 "emergency" because the Postal Employees struck against the de facto government(?) for higher pay, due to
3 inflation of the paper "Bills of Credit." [See: Senate Report No. 93-549. pg. 596] Nixon placed the U.S. Postal
4 Department under control of the "Department of Defense." [See: Department Of The Army Field Manual. FM 41-
5 10 (1969 ed.)]
6 "'The System has been faltering for a decade, but the bench mark date of the collapse is put at August 15, 1971.
7 On this day, President Nixon reversed U.S. international monetary policy by officially declaring the non-
8 convertibility of the U.S. dollar [F.R.N.] into gold."
9 [See: Public Law 94-564, Legislative History, pg. 5937 & Senate Report No. 93-549, Foreword, pg. III.
10 Proclamation No. 4074, pg. 597, 31 U.S.C.A. §314 & 31 U.S.C.A. §5112]
11 On September 21, 1973. Congress passed Public Law 93-110, amending the Bretton Woods Par Value
12 Modification Act, 82 Stat. 116, [31 U.S.C.A. §412], and reiterated the "Emergency," [12 U.S.C.A. §95a], and
13 Section 8 of the Bretton Woods Agreements Act of 1945 [22 U.S.C.A. §286f], and which included "reports of
14 foreign currency transactions." [Also see: Executive Order No. 10033] This Act further declared in Section 2(b)
15 that:
16 "No provision of any law in effect on the date of enactment of this Act, and no rule, regulation, or order under
17 authority of any such law, may be construed to prohibit any person from purchasing, holding, selling, or otherwise
18 dealing with gold."
19 On January 19, 1976, Marjorie S. Holt noted for the record, a second "Declaration Of INTERdependence" and
20 clearly identified the U.N. as a "Communist" organization, and that they were seeking both production and
21 monetary control over the Union and the People through International Organization promoting the "One World
22 Order," [8 U.S.C.A. §1101(40)] also see [50 U.S.C.A. §§781 & 783]
23 The social/economic situation worsened as noted in the Complaint/Petition filed in the U.S. Court of Claims,
24 Docket No. 41-76, on February 11, 1976, by 44 Federal Judges. [Atkins et al. vs. U.S.] Atkins et al. complained
25 that "As a result of inflation, the compensation of federal judges has been substantially diminished each year since
26 1969, causing direct and continuing monetary harm to plaintiffs ... the real value of the dollar decreased by
27 approximately 34.5 percent from March 15th, 1969 to October 1, 1975. As a result, plaintiffs have suffered an
28 unconstitutional deprivation of earnings," and in the prayer for relief claimed "damages for the constitutional
29 violations enumerated above, measured as the diminution of his earnings for the entire period since March 9,
30 1969." It is quite apparent that the persons holding and enjoying Offices of Public Trust, Honor and for-profit
31 knew of the emergency emergent problem and sought protection for themselves, to the damage and injury of the
32 People and Children, who were classified as "a club that has many other members" who "have no remedy." And
33 knowing that "heinous" acts had been committed, stated that they [judges/lawyers] would not apply the Law, nor
34 would any substantive remedy be applied ("checked more or less, but never stopped) "until all of us [judges] are
35 dead." Such persons Fraudulently swore an Oath to uphold, defend and preserve the sovereignty of the Nation
36 and several Republican States of the Union, and breached the Duty to protect the People/Citizens and their
37 Posterity from fraud, imposition, avarice and stealthy encroachment. [See: Atkins et al. vs. U.S., 556 F.2d. 1028,
38 pg. 1072, 1074, The Tempting Of America, supra, pgs. 155-159, also see: 5 U.S.C.A. §§5305 & 5335, Senate
39 Report No. 93-549, pgs. 69-71, C. (Colorado) R.S. 24-75-101] This is verified in Public Law 94-564, Legislative
40 History, pg. 5944, which states:
41 "Moving to a floating exchange rate for international commerce means private enterprise and not central
42 governments bear the risk of currency fluctuations."
43 Numerous serious debates were held in Congress, including but not limited to, Tuesday, July 27, 1976 [See:
44 Congressional Record - House, July 27, 1976] concerning the International Financial Institutions and their
45 operations. Representative, Ron Paul, Chairman of the House Banking Committee, made numerous references to
46 the true practices of the "International" financial institutions, including but not limited to, the conversion of
47 27,000.000 (27 million) in gold, contributed by the United States as part of its "quota obligations," which the
48 International Monetary Fund (Governor-Secretary of Treasury) sold [See: Public Law 94-564, Legislative History,
3 On October 28, 1977 the passage of Public Law 95-147, [91 Stat. 1227] declared most banking institutions,
4 including State banks, to be under direction and control of the corporate "Governor" of the International Monetary
5 Fund [See: Public Law 94-564, Legislative History, pg. 5942, United States Government Manual 1990/91, pgs.
6 480-481]. The Act further declared that:
7 "(2) Section 10(a) of the Gold Reserve Act of 1934 (31 U.S.C. 822a(b)) is amended by striking out the phrase
8 'stabilizing the exchange value of the dollar' ... "
9 " (c) The joint resolution entitled' Joint resolution to assure uniform value to the coins and currencies of the
10 United States', approved June 5, 1933 (31 U.S.C. 463) shall not apply to obligations issued on or after the date
11 of enactment of this section."
12 The United States, as Corporator, [22 U.S.C.A. §286e, et seq.] and "State" [C. (Colorado) R.S. 24-36-104, C.R.S.
13 24-60-1301(h)] had declared "Insolvency." [See: 26 U.S.C. §165(g)(1), U.C.C. §1-201(23), C.R.S. 39-22-103.5,
14 Westfall vs. Braley, 10 Ohio 188, 75 Am. Dec. 509, Adams vs. Richardson, 337 S.W.2d. 911, Ward v. Smith, 7
15 Wall. 447] A permanent state of "Emergency" was instituted, formed and erected within the Union through the
16 contrivances, fraud, and avarice of the International Financial Institutions, Organizations, Corporations and
17 Associations, including the Federal Reserve, their "fiscal and depository agent." [22 U.S.C.A. §286d] This has
18 led to such "Emergency" legislation is the "Public Debt Limit- Balance Budget And Emergency Deficit Control
19 Act of 1985," Public Law 99-177, etc.
20 The government, by becoming a corporator, [See: 22 U.S.C.A. §286e] lays down its sovereignty and takes on that
21 of a private citizen. It can exercise no power which is not derived from the corporate charter. [See: The Bank of
22 the United States vs. Planters Bank of Georgia, 6 L.Ed. (9 Wheat) 244, U.S. v. Burr, 309 U.S. 242] The real party
23 of interest is not the de jure "United States of America" or "State," but "The Bank" and 'The Fund." [22 U.S.C.A.
24 §286, et seq., C. (Colorado) R.S. 11-60- 103] The acts committed under fraud, force, and seizures are many times
25 done under "Letters of Marque and Reprisal" i.e. "recapture." [See: 31 U.S.C.A. §5323] Such principles as "Fraud
26 and Justice never dwell together" [Wingate's Maxims 680], and "A right of action cannot arise out of fraud."
27 [Broom's Maxims 297, 729; Cowper's Reports 343; 5 Scott's New Reports 558; 10 Mass. 276; 38 Fed. 800] And
28 do not rightfully contemplate the thought concept, as "Due Process," "Just Compensation" and Justice itself.
29 Honor is earned by honesty and integrity, not under false and fraudulent pretenses, nor will the color of the cloth
30 one wears cover-up the usurpations, lies, trickery, and deceits. When Black is fraudulently declared to be White,
31 not all will live in darkness. As astutely observed by Will Rogers, "there are men running governments who
32 shouldn't be allowed to play with matches," and is as applicable today as Jesus' statements about Lawyers.
33 The contrived "emergency" has created numerous abuses and usurpations, and abridgments of delegated Powers
34 and Authority. As stated in Senate Report 93-549:
35 "These proclamations give force to 470 provisions of Federal law. These hundreds of statutes delegate to the
36 President extraordinary powers, ordinarily exercised by the Congress, which affect the lives of American citizens
37 in a host of all-encompassing manners. This vast range of powers, taken together, confer enough authority to
38 rule the country without reference to normal constitutional process.
39 "Under the powers delegated by these statutes, the President may; seize property; organize and control the means
40 of production; seize commodities; assign military forces abroad; institute martial law; seize and control all
41 transportation and communication; regulate the operation of private enterprise; restrict travel; and in a plethora
42 of particular ways, control the lives of all American citizens."
4 According to the research done in 16 American Jurisprudence, 2nd Edition, Constitution, Sections 71 and 82
5 (1999), no "emergency" justifies a violation of any Constitutional provision. Arguendo, "Supremacy Clause" and
6 "Separation of Powers," it is clearly admitted in Senate Report No. 93-549 that abridgment has occurred. The
7 statements heard in the Federal and State Tribunals, on numerous occasions, that Constitutional arguments are
8 "immaterial," "frivolous," etc., are based upon the concealment, furtherance, and compounding of the Frauds and
9 "Emergency" created and sustained by the "Expatriated," ALIENS of the United Nations and its Organizations,
10 Corporations, and Associations. [See: Letter, Insight Magazine, February 18, 1991, pg. 7, Lowell L. Flanders,
11 President, U.N. Staff Union, New York]. Please note that, [8 U.S.C.A. §1481] is one of the controlling Statutes
12 on expatriation, as is [22 U.S.C.A. §§611, 612, & 613] and [50 U.S.C.A. §781].
13 The Internal Revenue Service entered into a "service agreement" with the U.S. Treasury Department [See: Public
14 Law 94-564; Legislative History, pg. 5967; Reorganization Plan No. 26] and the Agency for International
15 Development, pursuant to Treasury Delegation Order No. 91. The Agency For International Development is an
16 International paramilitary operation [See: Department Of The Army Field Manual, (1969) FM 41-10, pgs. 1-4,
17 Sec. 1-7(b) & 1-6, Section 1-10(7)(c)(1), 22 U.S.C.A. §284], and includes such activities as "Assumption of full
18 or partial executive, legislative, and judicial authority over a country or area." [See: FM 41-10, pg. 1-7, Section
19 110(7)(c)(4)] also see, Agreement Between The United Nations And The United States Of America Regarding
20 The Headquarters Of The United Nations, Section 7(d) & (8), 22 U.S.C.A. §287 (1979 Ed.) at pg. 241. It is to be
21 further observed that the "Agreement" regarding the Headquarters District of the United Nations was NOT agreed
22 to [See: Congressional Record - Senate, December 13, 1967, Mr. Thurnond], and is illegally in the Country in the
23 first instant.
24 The International Organizational intents, purposes, and activities include complete control of "Public Finance" i.e.
25 "control, supervision, and audit of indigenous fiscal resources, budget practices, taxation. expenditures of public
26 funds, currency issues, and banking agencies and affiliates." [See: FM 41-10, pgs. 2-30 through 2-31, Section
27 251. Public Finance] This of course complies with "Silent Weapons For Quiet Wars" Research Technical Manual
28 TM-SW7905.1, which discloses a declaration of war upon the American people (See: pgs. 3 & 7), monetary
29 control by the Internationalist, through information etc., solicited and collected by the Internal Revenue Service
30 [See: TM-S\V7905.1, pg. 48, also see, 22 U.S.C.A. §286F & Executive Order No. 10033, 26 U.S.C.A.
31 §6103(k)(4)] and who is operating and enforcing the seditious International program. [See: TM-S\V7905.1, pg.
32 52] The 1985 Edition of the Department Of The Army Field Manual, FM 41-10 further describes the International
33 "Civil Affairs" operations. At page 3-6 it is admitted that the A.I.D. is autonomous and under direction of the
34 International Development Cooperation Agency, and at pages 3-8, that the operation is "paramilitary." The
35 International Organization(s) intents and purposes was to promote, implement, and enforce a "DICTATORSHIP
36 OVER FINANCE IN THE UNITED STATES." [See: Senate Report No. 93-549, pg. 186]
37 It appears from the documentary evidence that the Internal Revenue Service Agents etc., are "Agents of a Foreign
38 Principal" within the meaning and intent of the "Foreign Agents Registration Act of 1938." They are directed and
39 controlled by the corporate "Governor" of "The Fund" also known as "Secretary of Treasury" [See: Public Law
40 94-564, supra, pg. 5942, United States Government Manual 1990/91, pgs. 480-481, 26 U.S.C.A. §7701(a)(11),
41 Treasury Delegation Order No. 150-10, and the corporate "Governor" of "The Bank" 22 U.S.C.A. §§286 and
42 286a, acting as "information service employees [22 U.S.C.A. §611(c)(ii)], and have been and do now "solicit,
43 collect, disburse or dispense contribution [Tax - pecuniary contribution, Black’s Law Dictionary 5th edition],
44 loans, money or other things of value for or in interest of such foreign principal 22 U.S.C.A. §611(c)(iii), and they
45 entered into agreements with a Foreign Principal pursuant to Treasury Delegation Order No. 91 i.e. the "Agency
46 For International Development." [See: 22 U.S.C.A. §611(c)(2)] The Internal Revenue Service is also an agency
47 of the International Criminal Police Organization and solicits and collects information for 150 Foreign Powers.
48 [See: 22 U.S.C.A. §263a, United States Government Manual 1990/91, pg. 385, see also, The Ron Paul Money
49 Book, pgs. 250-251] It should be further noted that Congress has appropriated, transferred, and converted vast
9 Among other reasons for lack of authority to act, such as a Foreign Agents Registration Statement, 22 U.S.C.A.
10 §612 and 18 U.S.C.A. §§219 & 951, military authority cannot be imposed into civil affairs. [See: Department Of
11 The Army Pamphlet 27100-70, Military Law Review, Vol. 70] The United Nations Charter, Article 2, Section 7,
12 further prohibits the U.N. from "intervening in matters which are essentially within the domestic jurisdiction of
13 any state ...." Korea, Viet Nam, Ethiopia, Angola, Kuwait, etc., etc., are evidence enough of the "BAD FAITH"
14 of the United Nations and its Organizations, Corporations and Associations, not to mention the seizing of two
15 daycare centers in the State of Minnesota by their agents, and holding the children as collateral hostages for
16 payment/ransom of their fraudulent, dishonored, re-hypothecated debt credit, worthless securities. Such is the
17 "Rule of Law" "as envisioned by the Founders" of the United Nations. Such is Communist terrorism, despotism
18 and tyranny. ALL WERE AND ARE OUTLAWED HERE.
19 I hope this communication finds you well' and mentally strong for the occasion. It is quite apparent that the
20 "Treasonous" and "Seditious" are brewing up a storm of untold magnitude. Bush's public address of September
21 11, 1991 [See: Weekly Compilation Of Presidential Documents] should further qualify what is being said here.
22 He admitted "Interdependence" [See also: Public Law 94-564, Legislative History, pg. 5950], "One World Order"
23 [See also: Extension Of Remarks, January 19, 1976, Marjorie S. Holt, 8 U.S.C.A. §1101(40)], affiliation and
24 collusion with the Soviet Union Oligarchy [50 U.S.C.A. §781], direction by the U.N., 22 U.S.C.A. §611, etc..
25 You might also find it interesting that Treasury Delegation Order No. 92 states that the I.R.S. is trained under
26 direction of the Division of "Human Resources" (U.N.) and the Commissioner (INTERNATIONAL), by the
27 "Office Of Personnel Management." In the 1979 Edition of 22 U.S.C.A. §287, the United Nations, at pg. 248,
28 you will find Executive Order No. 10422. The Office of Personnel Management is under direction of the Secretary
29 General of the United Nations. And as stated previously, the I.R.S. is also a member in a one hundred fifty (150)
30 Nation pact called the "International Criminal Police Organization'" found at [22 U.S.C.A. §263a]. The
31 "Memorandum & Agreement" between the Secretary of Treasury/Corporate Governor of "The Fund" and "The
32 Bank" and the Office of the U.S. Attorney General would indicate that the Attorney General and his associate are
33 soliciting and collecting information for Foreign Principals. [See also, United States Government Manual
34 1990/91, pg. 385, also see, The Ron Paul Money Book, supra, pgs. 250, 251]
35 It is worthy of note that each and every Attorney/Representative, Judge or Officer is required to file a "Foreign
36 Agents Registration Statement" pursuant to [22 U.S.C.A. §§611(c)(I)(iv) & 612], if representing the interests of a
37 Foreign Principal or Power. [See: 22 U.S.C.A. §613, Rabinowitz vs. Kennedy, 376 U.S. 605, 11 L.Ed.2d. 940,
38 18 U.S.C.A. §§219 & 951]
39 On January 17, 1980, the President and Senate confirmed another "Constitution," namely, the "Constitution Of
40 The United Nations Industrial Development Organization," found at Senate, Treaty Document No. 97-19, 97th
41 Congress, 1st Session. A perusal of this Foreign Constitution should more than qualify the internationalist intents.
42 The "Preamble," Article 1, "Objectives," and Article 2, "Functions," clearly evidences their intent to direct,
43 control, finance and subsidize all "natural and human resources" and "agro-related as well as basic industries,"
44 through "dynamic social and economic changes" "with a view to assisting in the establishment of a new
45 international economic order." The high-flown rhetoric is obviously of "Communist" origin and intents. An
46 unelected, unrepresentative, unaccountable oligarchy of expatriates and aliens, who fraudulently claim, in the
47 Preamble, that they intend to establish "rational and equitable international economic relations," yet openly
48 declared that they no longer "stabilize the value of the dollar" nor "assure the value of the coin and currency of
6 It is now necessary to ask, "Which Constitution they are operating under?" The "Constitution For The Newstates
7 Of The United States." This effort was the subject matter of the book entitled: "The Emerging Constitution" by
8 Rexford G. Tugwell, which was accomplished under the auspices of the Rockefeller tax-exempt foundation called
9 the "Center For The Study of Democratic Institutions." The People and Citizens of the Nation were forewarned
10 against formation of "Democracies." "Democracies have every been the spectacles of turbulence and contention;
11 have ever been found incompatible with personal security or the rights of property; and have in general, been as
12 short in their lives as they have been violent in their deaths." [See: Federalist Paper No. 10, also see, The Law,
13 Fredrick Bastiat, Code Of Professional Responsibility, Preamble] This Alien Constitution, however, has nothing
14 to do with democracy in reality. It is the basis of and for a despotic, tyrannical oligarch. Article I, "Rights and
15 Responsibilities," Sections 1 and 15 evidence their knowledge of the "emergency." The Rights of expression,
16 communication, movement, assembly, petition and Habeas Corpus are all excepted from being exercised under
17 and in a "declared emergency." The Constitution for the Newstates of America, openly declares, among other
18 seditious things and delusions that "Until each indicated change in the government shall have been completed the
19 provisions of the existing Constitution and the organs of government shall be in effect." [See: Article XlI, Section
20 3] "All operations of the national government shall cease as they are replaced by those authorized under this
21 Constitution." [See: Article XII, Section 4] This is apparently what Burger was promoting in 1976, after he
22 resigned as Supreme Court Justice and took up the promotion of a "Constitutional Convention." No trial by jury
23 is mentioned, "JUST" compensation has been removed, along with being informed of the "Nature & Cause of the
24 Accusation," etc., etc., and every one will of course participate in the "democracy." This Constitution is but a
25 reiteration of the Communist Doctrines, intents and purposes, and clearly establishes a "Police Power" State, under
26 direction and control of a self-appointed oligarchy.
27 Apparently the present operation of the "de facto" government is under Foreign/Alien Constitutions, Laws, Rules,
28 and Regulations. The overthrow of the "essential engine" declared in and by the ordained and established
29 Constitution for the United States of America (1787), and by and under the "Bill of Rights" (1791) is obvious.
30 The covert procedure used to implement and enforce these Foreign Constitutions, Laws, Procedures, Rules,
31 Regulations, etc., has not, to my knowledge, been collected and assimilated nor presented as evidence to establish
32 seditious collusion and conspiracy.
33 Fortunately, and Unfortunately, in my Land it is necessary to seek, obtain, and present EVIDENCE to sustain a
34 conviction and/or judgment. Our patience and tolerance for those who pervert the very necessary and basic
35 foundations of society has been pushed to insufferable levels. They have "fundamentally" changed the form and
36 substance of the de jure Republican form of Government, exhibited a willful and wanton disregard for the Rights,
37 Safety, and Property of others, evinced a despotic design to reduce my people to slavery, peonage and involuntary
38 servitude, under a fraudulent, tyrannical, seditious foreign oligarchy, with intent and purpose to institute, erect
39 and form a "Dictatorship" over the Citizens and our Posterity. They have completely debauched the de jure
40 monetary system, destroyed the Livelihood and Lives of thousands, aided and abetted our enemies, declared War
41 upon us and our Posterity, destroyed untold families and made homeless over 750,000 children in the middle of
42 winter, afflicted widows and orphans, turned Sodomites lose among our young, implemented foreign laws, rules,
43 regulations and procedures within the body of the country, incited insurrection, rebellion, sedition and anarchy
44 within the de jure society, illegally entered our Land, taken false Oaths, entered into Seditious Foreign
45 Constitutions, Agreements, Pacts, Confederations, and Alliances, and under pretense of "emergency," which they
46 themselves created, promoted and furthered, formed a multitude of offices and retained those of alien allegiance
47 to perpetuate their frauds and to eat out the substance of the good and productive people of our Land, and have
48 arbitrarily dismissed and held mock trials for those who trespassed upon our lives, Liberties, Properties, and
49 Families and endangered our Peace, Safety, Welfare, and Dignity. The damage, injury and costs have been higher
3 Sincere consideration of "Presentment" to a Grand Jury under the ordained and established Constitution for the
4 United States of America (1787), Amendment V is in order. Numerous High Crimes and Misdemeanors have
5 been committed under the Constitution for the United States of America, and Laws made in Pursuance thereof,
6 and under the Constitution for the States, and the laws made in Pursuance thereof, and against the Peace and
7 Dignity of the People including, but not limited to, C. (Colorado) R.S. 18-11-203 which defines and prescribes
8 punishment for "Seditious Associations" which is applicable to the other constitutions, and the intents and
9 professed purposes of their Organizations, Corporations and Associations. If the Presentment should be
10 obstructed by the members of the Bar, ARREST THEM.
11 I could go on, but the story is long! I hope this information and research is of assistance to you. Much remains
12 to be uncovered and disclosed, as it is necessary and imperative to secure the Lives, Liberties, Property, Peace
13 and Dignity of the People and our Posterity. Good Hunting and the Good Lord be with you in all your endeavors.
15 We believe that it is easy to prove that we no longer have a government, but a private corporate monopoly orders
16 of magnitude more evil than the Enron fraud. We call it “Enron to the tenth power”. Below are several facts
17 which easily prove this hypothesis. We encourage you to rebut any of these facts which prove our hypothesis, but
18 no one to date has been able to rebut even one of them:
29 2. The “United States” is a “foreign corporation” with respect to states of the Union:
30 "A federal corporation operating within a state is considered a domestic corporation rather than a foreign
31 corporation. The United States government is a foreign corporation with respect to a state."
32 [19 Corpus Juris Secundum (C.J.S.), Corporations, §883 (2003)]
33 3. The domicile of the “United States” corporation is the District of Columbia, which also is a corporation:
38 [SOURCE:
39 http://www.law.cornell.edu/ucc/search/display.html?terms=district%20of%20columbia&url=/ucc/9/article9.htm
40 #s9-307]
41 ____________________________________________________________________________________
42 TITLE 26 > Subtitle A > CHAPTER 1 > Subchapter N > PART II > Subpart D > § 892
43 §892. Income of foreign governments and of international organizations
3 For purposes of this title, a foreign government shall be treated as a corporate resident of its country. A foreign
4 government shall be so treated for purposes of any income tax treaty obligation of the United States if such
5 government grants equivalent treatment to the Government of the United States.
6 If you want to see proof from the Statutes at Large that the District of Columbia is a corporation and not a geographic
7 place, see:
SEDM Exhibits #08.008 and #08.009
http://sedm.org/Exhibits/ExhibitIndex.htm
8 4. The private corporation called the “United States” issues “stocks” in the corporation called Federal Reserve Notes. Those
9 in possession of said stocks are bondholders”, “stockholders”, and “investors” of the corporation.
10 4.1. Interest on these bonds called “Federal Reserve Notes” are paid to the Federal Reserve, which is neither federal nor
11 a “reserve”. Instead, it is a consortium of private, for-profit international banks. The Federal Reserve is no more
12 “federal” than “Federal Express”!
13 4.2. Black’s Law Dictionary defines “money” in such a way that it excludes “notes”, which also means that it excludes
14 “Federal Reserve Notes”.
15 "Money: In usual and ordinary acceptation it means coins and paper currency used as circulating medium of
16 exchange, and does not embrace notes , bonds, evidences of debt, or other personal or real
17 estate. Lane v. Railey, 280 Ky. 319, 133 S.W.2d. 74, 79, 81."
18 [Black’s Law Dictionary, Sixth Edition, p. 1005]
19 4.3. The courts have ruled that the formation of any corporation amounts to a contract with the officers and the
20 stockholders of the corporation. Therefore, everyone in possession of said “bonds” and corporate “stocks” called
21 Federal Reserve Notes are contractors of the United States!:
22 The court held that the first company's charter was a contract between it and the state, within the protection of
23 the constitution of the United States, and that the charter to the last company was therefore null and void., Mr.
24 Justice DAVIS, delivering the opinion of the court, said that, if anything was settled by an unbroken chain of
25 decisions in the federal courts, it was that an act of incorporation was a contract between the state and the
26 stockholders, 'a departure from which now would involve dangers to society that cannot be foreseen, would
27 shock the sense of justice of the country, unhinge its business interests, and weaken, if not destroy, that respect
28 which has always been felt for the judicial department of the government.'
29 [New Orleans Gas Co. v. Louisiana Light Co., 115 U.S. 650 (1885) ]
30 5. The Constitution forbids any branch of the government to delegate any of its powers to any other branch and especially
31 not to a private corporation such as the Federal Reserve. That is why:
32 5.1. The U.S. Congress did not and cannot lawfully delegate its power to coin money to the PRIVATE Federal Reserve
33 under Article 1, Section 8, Clause 5 of the Constitution.
34 Where Congress exceeds its authority relative to the States, therefore, the departure from the constitutional
35 plan cannot be ratified by the "consent" of state officials. An analogy to the separation of powers among the
36 branches of the Federal Government clarifies this point. The Constitution's division of power among the three
37 branches is violated where one branch invades the territory of another, whether or not the encroached-upon
38 branch approves the encroachment. In Buckley v. Valeo, 424 U.S. 1, 118 -137 (1976), for instance, the Court
39 held that Congress had infringed the President's appointment power, despite the fact that the President himself
40 had manifested his consent to the statute that caused the infringement by signing it into law. See National League
41 of Cities v. Usery, 426 U.S., at 842 , n. 12. In INS v. Chadha, 462 U.S. 919, 944 -959 (1983), we held that the
42 legislative veto violated the constitutional requirement that legislation be presented to the President, despite
43 Presidents' approval of hundreds of statutes containing a legislative veto provision. See id., at 944-945. The
44 constitutional authority of Congress cannot be expanded by the "consent" of the governmental unit whose domain
45 is thereby narrowed, whether that unit is the Executive Branch or the States.
46 [New York v. United States, 505 U.S. 144, 112 S.Ct. 2408, 120 L.Ed.2d. 120 (1992)]
47 5.2. Federal Reserve Notes are issued NOT under the Constitutional power to coin money found in Article 1, Section
48 8, Clause 5, but under the power borrow money found in Article 1, Section 8, Clause 2. The Treasury prints Federal
49 Reserve Notes, sells them to the Federal Reserve for three cents on the dollar, and the United States Government
50 then borrows them back AT INTEREST from the Federal Reserve.
11 “… the maxim that the King can do no wrong has no place in our system of government; yet it is also true, in
12 respect to the State itself, that whatever wrong is attempted in its name is imputable to its government and not
13 to the State, for, as it can speak and act only by law, whatever it does say and do must be lawful. That which
14 therefore is unlawful because made so by the supreme law, the Constitution of the United States, is not the
15 word or deed of the State, but is the mere wrong and trespass of those individual persons who falsely spread
16 and act in its name."
17 "This distinction is essential to the idea of constitutional government. To deny it or blot it out obliterates the line
18 of demarcation that separates constitutional government from absolutism, free self- government based on the
19 sovereignty of the people from that despotism, whether of the one or the many, which enables the agent of the
20 state to declare and decree that he is the state; to say 'L'Etat, c'est moi.' Of what avail are written constitutions,
21 whose bills of right, for the security of individual liberty, have been written too often with the blood of martyrs
22 shed upon the battle-field and the scaffold, if their limitations and restraints upon power may be overpassed with
23 impunity by the very agencies created and appointed to guard, defend, and enforce them; and that, too, with the
24 sacred authority of law, not only compelling obedience, but entitled to respect? And how else can these principles
25 of individual liberty and right be maintained, if, when violated, the judicial tribunals are forbidden to visit
26 penalties upon individual offenders, who are the instruments of wrong, whenever they interpose the shield of the
27 state? The doctrine is not to be tolerated. The whole frame and scheme of the political
28 institutions of this country, state and federal, protest against it. Their continued existence is not compatible with
29 it. It is the doctrine of absolutism, pure, simple, and naked, and of communism which is its twin, the double
30 progeny of the same evil birth."
31 [Poindexter v. Greenhow, 114 U.S. 270, 5 S.Ct. 903 (1885)]
32 Judges and federal prosecutors exceed their jurisdiction and authority all the time by self-servingly interpreting the
33 meaning of words within federal law so that they apply outside of federal territory. For instance, they interpret the word
34 “State” within federal statutes to include states of the Union, even though this is a violation of the Separation of Powers
35 Doctrine.
36 In another, not unrelated context, Chief Justice Marshall's exposition in Cohens v. Virginia, 6 Wheat. 264, 5
37 L.Ed. 257 (1821), could well have been the explanation of the Rule of Necessity; he wrote that a court “must take
38 jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches
39 the confines of the constitution. We cannot pass it by, because it is doubtful. With whatever doubts, with
40 whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more
41 right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or
42 the other would be treason to the constitution. Questions may occur which we would gladly avoid; but we cannot
43 avoid them.” Id., at 404 (emphasis added).
44 [U.S. v. Will, 449 U.S. 200, 101 S.Ct. 471 (U.S.Ill.,1980)]
50 "In addition, there are several well known subordinate principles. The Government may not be sued except by its
51 consent. The United States has not submitted to suit for specific performance*99 or for an injunction. This
52 immunity may not be avoided by naming an officer of the Government as a defendant. The officer may be sued
53 only if he acts in excess of his statutory authority or in violation of the Constitution for then he ceases to
54 represent the Government."
55 [U.S. ex. rel. Brookfield Const. Co. v. Stewart, 284 F.Supp. 94 (1964)]
11 “…when the United States [or a State, for that matter] enters into commercial business it abandons its sovereign
12 capacity and is treated like any other corporation…”
13 [91 Corpus Juris Secundum (C.J.S.), United States, §4 (2003)]
14 __________________________________________________________________________________________
15 "What, then, is meant by the doctrine that contracts are made with reference to the taxing power resident in the
16 State, and in subordination to it? Is it meant that when a person lends money to a State, or to a municipal division
17 of the State having the power of taxation, there is in the contract a tacit reservation of a right in the debtor to
18 raise contributions out of the money promised to be paid before payment? That cannot be, because if it could,
19 the contract (in the language of Alexander Hamilton) would 'involve two contradictory things: an obligation
20 to do, and a right not to do; an obligation to pay a certain sum, and a right to retain it in the shape of a tax. It
21 is against the rules, both of law and of reason, to admit by implication in the construction of a contract a
22 The truth is, States and cities, when
principle which goes in destruction of it.'
49 12. The IRS is not an agency within the United States Government, but a private, for-profit corporation. Evidence supporting
50 these conclusions includes the following:
51 12.1. The IRS has no statutory authority to even exist anywhere within 26 U.S.C. or with 31 U.S.C., which established
52 the Treasury Department. It is a racketeering ring, as exhaustively proven in the following:
Origins and Authority of the Internal Revenue Service, Form #05.005
http://sedm.org/Forms/FormIndex.htm
53 12.2. The IRS was incorporated in 1933 the state of Delaware as a private corporation. See the following for proof:
Corporatization and Privatization of the Government 212 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
SEDM Exhibit #08.006
http://sedm.org/Exhibits/ExhibitIndex.htm
1 12.3. The U.S. Department of Justice has admitted under penalty of perjury that the I.R.S. is not an agency of the United
2 States Government. See:
3 http://famguardian.org/Subjects/Taxes/Evidence/USGovDeniesIRS/USGovDeniesIRS.htm
4 12.4. The “United States of America, Inc.” was registered as a private, for-profit corporation. See the following for proof:
SEDM Exhibit #08.007
http://sedm.org/Exhibits/ExhibitIndex.htm
5 13. Both the states and the federal government have entered into “compacts” called Agreement on Coordination of Tax
6 Administration (A.C.T.A.) that authorize concurrent jurisdiction over income taxes of “public officers” under the
7 authority of the Public Salary Tax Act of 1939 and the Buck Act of 1940, 4 U.S.C. §105-110. These acts apply only
8 within federal territory within the exterior limits of the state under the authority of the Buck Act, and yet:
9 13.1. They are being enforced illegally outside of federal areas by the states. In that sense, states of the Union are acting
10 as federal corporate subdivisions of the national government without any lawful authority.
11 13.2. They are being enforced illegally outside of federal areas by the federal government.
12 13.3. They are being misrepresented by the state and federal governments to the public at large as applying everywhere.
13 All of the above types of unlawful tax enforcements outside of federal territories and federal areas represent “private
14 business” which has NO public character because the law plainly does not authorize it. See the following for more proof:
State Income Taxes, Form #05.031
http://sedm.org/Forms/FormIndex.htm
15 14. The Social Security Act and the Internal Revenue Code Subtitle A are both “private law” and “special law” that only
16 apply to those who individually consent expressly in writing or implicitly by their conduct. The IRS admitted this on
17 government stationary!
IRS Agent Cynthia Mills letter, SEDM Exhibit #09.023
http://sedm.org/Exhibits/ExhibitIndex.htm
18 As such, they represent a private “franchise” not unlike McDonalds or Burger King and private business that the federal
19 government is engaging in within states of the Union and which does not apply to other than domiciliaries of federal
20 territory wherever they are situated. When they apply it to those not domiciled on federal territory, it becomes “private
21 business” and not a “public purpose”. See sections 11 through 11.6 of the following:
Requirement for Consent, Form #05.003
http://sedm.org/Forms/FormIndex.htm
22 15. The Social Security Act only authorizes statutory “U.S. citizens” pursuant to 8 U.S.C. §1401 and statutory “permanent
23 residents” to participate. Constitutional citizens are not allowed to participate, which includes all those domiciled within
24 the exclusive jurisdiction of states of the Union. See 20 C.F.R. §422.103(d). What these two groups have in common is
25 a legal domicile on federal territory and not within the exclusive jurisdiction of any state of the Union. The Social
26 Security Administration tries to bend these rules by using the vague and undefined term “U.S. citizen” on the SSA Form
27 SS-5, and refuses to answer questions about what it means, knowing full well that it is defined in 8 U.S.C. §1401 as a
28 person subject to exclusive federal jurisdiction with a domicile on federal territory and not within any state of the Union
29 and excludes all persons domiciled in states of the Union. See:
SEDM Exhibit #07.012
http://sedm.org/Exhibits/ExhibitIndex.htm
30 This causes an unintentional and ignorant election to waive sovereign immunity under the authority of 28 U.S.C.
31 §1605(a)(2) and 28 U.S.C. §1603(b)(3) and unlawfully extends federal civil jurisdiction into states of the Union and
32 thereby destroys the separation of powers. Therefore, all such constructive fraud not authorized by law constitutes
33 “private business” as defined by the Supreme Court and:
34 15.1. Causes the SSA Form SS-5 form to act as a private contract to go to work for the government and become their
35 “employee”. 5 U.S.C. §2105 defines this “employee” as an elected or appointed officer of the government and
36 NOT an ordinary “worker”.
37 15.2. Makes the Internal Revenue Code and Title 5 of the U.S. Code into an “employment agreement” for those who
38 want to go to work for the “private corporation” called the United States as its “officers” or “public officers”.
39 15.3. Creates a gigantic monopoly in which the U.S. pseudo-government becomes a Kelly Girl that rents out its
40 “employees”/officers to private employers and makes them into “trustees” and “transferees” over earnings paid to
41 its loaned out employees using the income tax system. These “trustees” and “transferees” are described in 26
42 U.S.C. §§6901 and 6903 and they are the only persons over whom the franchise court called “Tax Court” has
43 jurisdiction.
44 16. The foundation of a de jure lawful, Constitutional government is “equal protection”. The foundation of a private, for-
45 profit corporation is “privilege” and personal and collective “profit”. The measure of whether we have a lawful de jure
Corporatization and Privatization of the Government 213 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 constitutional “government” v. a private corporation is the extent to which some citizens pay more for the same service
2 than others or receive more benefit than others. The following commercial transactions all prove that we don’t have a
3 government, but a private corporation because some pay more than others for the SAME “service”:
4 16.1. The income tax under I.R.C. Section 1 imposes a graduated rate of tax rather than a flat rate. The vast majority of
5 Americans file the IRS Form 1040 which applies this graduated rate of tax. The graduated rate can only be enforced
6 where there are no constitutional protections and therefore no requirement for equal protection. That place is federal
7 territory, and more especially, employment with the government as a “public officer” within the District of
8 Columbia. Several state courts have ruled that graduated rates of tax are unconstitutional if enforced within states
9 of the Union on other than federal territory. See Culliton v. Chase, 25 P.2d. 81 (1933) and Jensen v. Henneford,
10 53 P.2d. 607 (1936).
11 16.2. Not all citizens or residents receive the same amount in their government payments. Some citizens receive more
12 in their social security checks than others. All must receive an EQUAL amount regardless of what they pay in order
13 for the government to not be operating in a private capacity.
14 16.3. Nearly everything our government does involves some type of commerce and a “service” connected with it. All
15 such transactions are implemented using “franchises”, and since franchises are based on consent, the requirement
16 for equal protection no longer applies. This includes Social Security, Medicare, Unemployment Insurance,
17 professional licenses, driver’s license, and marriage licenses.
18 We have proven that the government has become a private corporate monopoly that has replaced the need for
19 equal protection with privileges and franchises. The U.S. Supreme Court has said that this is unconstitutional:
20 “It would be a palpable incongruity to strike down an act of state legislation which, by words of express
21 divestment, seeks to strip the citizen of rights guaranteed by the federal Constitution, but to uphold an act by
22 which the same result is accomplished under the guise of a surrender of a right in exchange for a valuable
23 privilege which the state threatens otherwise to withhold. It is not necessary to challenge the proposition that, as
24 a general rule, the state, having power to deny a privilege altogether, may grant it upon such conditions as it sees
25 fit to impose. But the power of the state in that respect is not unlimited, and one of the limitations is that it may
26 not impose conditions which require the relinquishment of Constitutional rights. If the state may compel the
27 surrender of one constitutional right as a condition of its favor, it may, in like manner, compel a surrender of all.
28 It is inconceivable that guaranties embedded in the Constitution of the United States may thus be manipulated
29 out or existence.”
30 [Frost v. Railroad Commission, 271 U.S. 583, 46 S.Ct. 605 (1926)]
32 The U.S. Supreme Court has held many times that the ONLY purpose for lawful, constitutional taxation is to
33 collect revenues to support ONLY the machinery and operations of the government and its “employees”. This
34 purpose, it calls a “public use” or “public purpose”:
35 “The power to tax is, therefore, the strongest, the most pervading of all powers of government, reaching directly
36 or indirectly to all classes of the people. It was said by Chief Justice Marshall, in the case of McCulloch v.
37 Md., 4 Wheat. 431, that the power to tax is the power to destroy. A striking instance of the truth of the proposition
38 is seen in the fact that the existing tax of ten per cent, imposed by the United States on the circulation of all other
39 banks than the National Banks, drove out of existence every *state bank of circulation within a year or two after
40 its passage. This power can be readily employed against one class of individuals and in favor of another, so as
41 to ruin the one class and give unlimited wealth and prosperity to the other, if there is no implied limitation of the
42 uses for which the power may be exercised.
43 To lay, with one hand, the power of the government on the property of the citizen, and with the other to bestow
44 it upon favored individuals to aid private enterprises and build up private fortunes, is none the less a robbery
45 because it is done under the forms of law and is called taxation. This is not legislation. It is a decree under
46 legislative forms.
47 Nor is it taxation. ‘A tax,’ says Webster’s Dictionary, ‘is a rate or sum of money assessed on the person or
48 property of a citizen by government for the use of the nation or State.’ ‘Taxes are burdens or charges imposed
49 by the Legislature upon persons or property to raise money for public purposes.’ Cooley, Const. Lim., 479.
50 Coulter, J., in Northern Liberties v. St. John’s Church, 13 Pa.St. 104 says, very forcibly, ‘I think the common
51 mind has everywhere taken in the understanding that taxes are a public imposition, levied by authority of the
52 government for the purposes of carrying on the government in all its machinery and operations—that they are
53 imposed for a public purpose.’ See, also Pray v. Northern Liberties, 31 Pa.St. 69; Matter of Mayor of N.Y., 11
54 Johns., 77; Camden v. Allen, 2 Dutch., 398; Sharpless v. Mayor, supra; Hanson v. Vernon, 27 Ia., 47; Whiting v.
55 Fond du Lac, supra.”
3 "A tax, in the general understanding of the term and as used in the constitution, signifies an exaction for the
4 support of the government. The word has never thought to connote the expropriation of money from one group
5 for the benefit of another."
6 [U.S. v. Butler, 297 U.S. 1 (1936)]
16 The term is synonymous with governmental purpose. As employed to denote the objects for which taxes may be
17 levied, it has no relation to the urgency of the public need or to the extent of the public benefit which is to follow;
18 the essential requisite being that a public service or use shall affect the inhabitants as a community, and not
19 merely as individuals. A public purpose or public business has for its objective the promotion of the public
20 health, safety, morals, general welfare, security, prosperity, and contentment of all the inhabitants or residents
21 within a given political division, as, for example, a state, the sovereign powers of which are exercised to promote
22 such public purpose or public business.”
23 [Black’s Law Dictionary, Sixth Edition, p. 1231, Emphasis added]
31 Public use, in constitutional provisions restricting the exercise of the right to take property in virtue of eminent
32 domain, means a use concerning the whole community distinguished from particular individuals. But each and
33 every member of society need not be equally interested in such use, or be personally and directly affected by it;
34 if the object is to satisfy a great public want or exigency, that is sufficient. Ringe Co. v. Los Angeles County, 262
35 U.S. 700, 43 S.Ct. 689, 692, 67 L.Ed. 1186. The term may be said to mean public usefulness, utility, or advantage,
36 or what is productive of general benefit. It may be limited to the inhabitants of a small or restricted locality, but
37 must be in common, and not for a particular individual. The use must be a needful one for the public, which
38 cannot be surrendered without obvious general loss and inconvenience. A "public use" for which land may be
39 taken defies absolute definition for it changes with varying conditions of society, new appliances in the sciences,
40 changing conceptions of scope and functions of government, and other differing circumstances brought about by
41 an increase in population and new modes of communication and transportation. Katz v. Brandon, 156 Conn.
42 521, 245 A.2d. 579, 586.
48 A pecuniary [relating to money] burden laid upon individuals or property to support the government, and is a
49 Essential
payment exacted by legislative authority. In re Mytinger, D.C.Tex. 31 F.Supp. 977,978,979.
50 characteristics of a tax are that it is NOT A VOLUNTARY
51 PAYMENT OR DONATION, BUT AN ENFORCED
52 CONTRIBUTION, EXACTED PURSUANT TO
4 So in order to be legitimately called a “tax” or “taxation”, the money we pay to the government must fit all of the
5 following criteria:
12 If the monies demanded by government do not fit all of the above requirements, then they are being used for a
13 “private” purpose and cannot be called “taxes” or “taxation”, according to the U.S. Supreme Court. Actions by
14 the government to enforce the payment of any monies that do not meet all the above requirements can therefore
15 only be described as:
41 The U.S. Supreme Court has further characterized all efforts to abuse the tax system in order to accomplish “wealth
42 transfer” as “political heresy” that is a denial of republican principles that form the foundation of our Constitution,
43 when it issued the following strong words of rebuke. Incidentally, the case below also forms the backbone of
44 reasons why the Internal Revenue Code can never be anything more than private law that only applies to those
45 who volunteer into it:
46 “The Legislature may enjoin, permit, forbid, and punish; they may declare new crimes; and establish rules of
47 conduct for all its citizens in future cases; they may command what is right, and prohibit what is wrong; but they
48 [the government] cannot change innocence [a “nontaxpayer”] into guilt [a “taxpayer”]; or punish innocence
49 as a crime [criminally prosecute a “nontaxpayer” for violation of the tax laws]; or violate the right of an
50 antecedent lawful private contract; or the right of private property. To maintain that our Federal, or State,
4 We also cannot assume or suppose that our government has the authority to make “gifts” of monies collected
5 through its taxation powers, and especially not when paid to private individuals or foreign countries because:
6 1. The Constitution DOES NOT authorize the government to “gift” money to anyone within states of the Union or in foreign
7 countries, and therefore, this is not a Constitutional use of public funds, nor does unauthorized expenditure of such funds
8 produce a tangible public benefit, but rather an injury, by forcing those who do not approve of the gift to subsidize it and
9 yet not derive any personal benefit whatsoever for it.
10 2. The Supreme Court identifies such abuse of taxing powers as “robbery in the name of taxation” above.
11 Based on the foregoing analysis, we are then forced to divide the monies collected by the government through its
12 taxing powers into only two distinct classes. We also emphasize that every tax collected and every expenditure
13 originating from the tax paid MUST fit into one of the two categories below:
14
2 The U.S. Supreme Court also helped to clarify how to distinguish the two above categories when it said:
3 “It is undoubtedly the duty of the legislature which imposes or authorizes municipalities to impose a tax to see
4 that it is not to be used for purposes of private interest instead of a public use, and the courts can only be justified
5 in interposing when a violation of this principle is clear and the [87 U.S. 665] reason for interference cogent.
6 And in deciding whether, in the given case, the object for which the taxes are assessed falls upon the one side
7 or the other of this line, they must be governed mainly by the course and usage of the government, the objects
8 for which taxes have been customarily and by long course of legislation levied, what objects or purposes have
9 been considered necessary to the support and for the proper use of the government, whether state or municipal.
10 Whatever lawfully pertains to this and is sanctioned by time and the acquiescence of the people may well be
11 held to belong to the public use, and proper for the maintenance of good government, though this may not be
12 the only criterion of rightful taxation.”
13 [Loan Association v. Topeka, 20 Wall. 655 (1874)]
14 If we give our government the benefit of the doubt by “assuming” or “presuming” that it is operating lawfully and
15 consistent with the model on the left above, then we have no choice but to conclude that everyone who lawfully
16 receives any kind of federal payment MUST be either a federal “employee” or “federal contractor” on official
17 duty, and that the compensation received must be directly connected to the performance of a sovereign or
18 Constitutionally authorized function of government. Any other conclusion or characterization of a lawful tax
19 other than this is irrational, inconsistent with the rulings of the U.S. Supreme Court on this subject, and an attempt
20 to deceive the public about the role of limited Constitutional government based on Republican principles. This
4 1. Subtitle A of the Internal Revenue Code. I.R.C. (26 U.S.C.) sections 1, 32, and 162 all confer privileged financial
5 benefits to the participant which constitute federal “employment” compensation.
6 2. Social Security.
7 3. Unemployment compensation.
8 4. Medicare.
9 An examination of the Privacy Act, 5 U.S.C. §552a(a)(13), in fact, identifies all those who participate in the above
10 programs as “federal personnel”, which means federal “employees”. To wit:
11 TITLE 5 > PART I > CHAPTER 5 > SUBCHAPTER II > § 552a
12 § 552a. Records maintained on individuals
14 (13) the term “Federal personnel” means officers and employees of the Government of the United States,
15 members of the uniformed services (including members of the Reserve Components), individuals entitled to
16 receive immediate or deferred retirement benefits under any retirement program of the Government of the
17 United States (including survivor benefits).
18 The “individual” they are talking about above is further defined in 5 U.S.C. §552a(a)(2) as follows:
19 TITLE 5 > PART I > CHAPTER 5 > SUBCHAPTER II > § 552a
20 § 552a. Records maintained on individuals
22 (2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent
23 residence;
24 The “citizen of the United States” they are talking above is based on the statutory rather than constitutional
25 definition of the “United States”, which means it refers to the federal zone and excludes states of the Union. Also,
26 note that both of the two preceding definitions are found within Title 5 of the U.S. Code, which is entitled
27 “Government Organization and Employees”. Therefore, it refers ONLY to government employees and excludes
28 private employees. There is no definition of the term “individual” anywhere in Title 26 (I.R.C.) of the U.S. Code
29 or any other title that refers to private natural persons, because Congress cannot legislative for them. Notice the
30 use of the phrase “private business” in the U.S. Supreme Court ruling below:
31 "The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private
32 business in his own way [unregulated by the government]. His power to contract is unlimited. He owes no duty
33 to the State or to his neighbor to divulge his business, or to open his doors to an investigation, so far as it may
34 tend to criminate him. He owes no such duty to the State, since he receives nothing therefrom, beyond the
35 protection of his life and property. His rights are such as existed by the law of the land long antecedent to the
36 organization of the State, and can only be taken from him by due process of law, and in accordance with the
37 Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property
38 from arrest or seizure except under a warrant of the law. He owes nothing to the public [including so-called
39 “taxes” under Subtitle A of the I.R.C.] so long as he does not trespass upon their rights."
40 [Hale v. Henkel, 201 U.S. 43, 74 (1906)]
41 The purpose of the Constitution and the Bill of Rights instead is to REMOVE authority of the Congress to legislate
42 for private persons and thereby protect their sovereignty and dignity. That is why the U.S. Supreme Court ruled
43 the following:
44 "The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They
45 recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a
46 part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect
47 Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the
5 QUESTIONS FOR DOUBTERS: If you aren’t a federal “employee” as a person participating in Social Security
6 and the Internal Revenue Code, then why are all of the Social Security Regulations located in Title 20 of the Code
7 of Federal Regulations under parts 400-499, entitled “Employee Benefits”? See for yourself:
8 http://ecfr.gpoaccess.gov/cgi/t/text/text-
9 idx?sid=f073dcf7b1b49c3d353eaf290d735663&c=ecfr&tpl=/ecfrbrowse/Title20/20tab_02.tpl
10 Another very important point to make here is that the purpose of nearly all federal law is to regulate “public
11 conduct” rather than “private conduct”. Congress must write laws to regulate and control every aspect of the
12 behavior of its employees so that they do not adversely affect the rights of private individuals like you, who they
13 exist exclusively to serve and protect. Most federal statutes, in fact, are exclusively for use by those working in
14 government and simply do not apply to private citizens in the conduct of their private lives. Federal law cannot
15 apply to the private public at large because the Thirteenth Amendment says that involuntary servitude has been
16 abolished. If involuntary servitude is abolished, then they can't use, or in this case “abuse” the authority of law to
17 impose ANY kind of duty against anyone in the private public except possibly the responsibility to avoid hurting
18 their neighbor and thereby depriving him of the equal rights he enjoys.
19 For the commandments, “You shall not commit adultery,” “You shall not murder,” “You shall not steal,” “You
20 shall not bear false witness,” “You shall not covet,” and if there is any other commandment, are all summed up
21 in this saying, namely, “You shall love your neighbor as yourself.”
22 Love does no harm to a neighbor; therefore love is the fulfillment of [the ONLY requirement of] the law [which
23 is to avoid hurting your neighbor and thereby love him].
24 [Romans 13:9-10, Bible, NKJV]
25 __________________________________________________________________________________________
26 “Do not strive with a man without cause, if he has done you no harm.”
27 [Prov. 3:30, Bible, NKJV]
28 Thomas Jefferson, our most revered founding father, summed up this singular duty of government to LEAVE
29 PEOPLE ALONE and only interfere or impose a "duty" using the authority of law when and only when they are
30 hurting each other in order to protect them and prevent the harm when he said.
31 "With all [our] blessings, what more is necessary to make us a happy and a prosperous people? Still one thing
32 more, fellow citizens--a wise and frugal Government, which shall restrain men from injuring one another, shall
33 leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from
34 the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the
35 circle of our felicities."
36 [Thomas Jefferson: 1st Inaugural, 1801. ME 3:320]
38 “The power to "legislate generally upon" life, liberty, and property, as opposed to the "power to provide modes
39 of redress" against offensive state action, was "repugnant" to the Constitution. Id., at 15. See also United States
40 v. Reese, 92 U.S. 214, 218 (1876); United States v. Harris, 106 U.S. 629, 639 (1883); James v. Bowman, 190 U.S.
41 127, 139 (1903). Although the specific holdings of these early cases might have been superseded or modified, see,
42 e.g., Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964); United States v. Guest, 383 U.S. 745
43 (1966), their treatment of Congress' §5 power as corrective or preventive, not definitional, has not been
44 questioned.”
45 [City of Boerne v. Florez, Archbishop of San Antonio, 521 U.S. 507 (1997)]
46 What the U.S. Supreme Court is saying above is that the government has no authority to tell you how to run your
47 private life. This is contrary to the whole idea of the Internal Revenue Code, whose main purpose is to monitor
48 and control every aspect of those who are subject to it. In fact, it has become the chief means for Congress to
49 implement what we call “social engineering”. Just by the deductions they offer, people are incentivized into all
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1 kinds of crazy behaviors in pursuit of reductions in a liability that they in fact do not even have. Therefore, the
2 only reasonable thing to conclude is that Subtitle A of the Internal Revenue Code, which would “appear” to
3 regulate the private conduct of all individuals in states of the Union, in fact only applies to federal instrumentalities
4 or “public employees” in the official conduct of their duties on behalf of the municipal corporation located in the
5 District of Columbia, which 4 U.S.C. §72 makes the “seat of government”. The I.R.C. therefore essentially
6 amounts to a part of the job responsibility and the “employment contract” of “public employees” and federal
7 instrumentalities. This was also confirmed by the House of Representatives, who said that only those who take
8 an oath of “public office” are subject to the requirements of the personal income tax. See:
9 http://famguardian.org/Subjects/Taxes/Evidence/PublicOrPrivate-Tax-Return.pdf
10 Within the Internal Revenue Code, those legal “persons” who work for the government are identified as engaging
11 in a “public office”. A “public office” within the Internal Revenue Code is called a “trade or business”, which is
12 defined below. We emphasize that engaging in a privileged “trade or business” is the main excise taxable activity
13 that in fact and in deed is what REALLY makes a person a “taxpayer” subject to the Internal Revenue Code,
14 Subtitle A:
15 26 U.S.C. Sec. 7701(a)(26)
16 "The term 'trade or business' includes the performance of the functions of a public office."
31 Those who are fulfilling the “functions of a public office” are under a legal, fiduciary duty as “trustees” of the
32 “public trust”, while working as “volunteers” for the “charitable trust” called the “United States Government
33 Corporation”, which we affectionately call “U.S. Inc.”:
34 “As expressed otherwise, the powers delegated to a public officer are held in trust for the people and are to be
35 exercised in behalf of the government or of all citizens who may need the intervention of the officer. 81
36 Furthermore, the view has been expressed that all public officers, within whatever branch and whatever level
37 of government, and whatever be their private vocations, are trustees of the people, and accordingly labor under
38 every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain
39 from a discharge of their trusts. 82 That is, a public officer occupies a fiduciary relationship to the political
40 entity on whose behalf he or she serves. 83 and owes a fiduciary duty to the public. 84 It has been said that the
81
State ex rel. Nagle v. Sullivan, 98 Mont. 425, 40 P.2d. 995, 99 A.L.R. 321; Jersey City v. Hague, 18 N.J. 584, 115 A.2d. 8.
82
Georgia Dep’t of Human Resources v. Sistrunk, 249 Ga. 543, 291 S.E.2d. 524. A public official is held in public trust. Madlener v. Finley (1st Dist) 161
Ill.App.3d. 796, 113 Ill.Dec. 712, 515 N.E.2d. 697, app gr 117 Ill.Dec. 226, 520 N.E.2d. 387 and revd on other grounds 128 Ill.2d. 147, 131 Ill.Dec. 145,
538 N.E.2d. 520.
83
Chicago Park Dist. v. Kenroy, Inc., 78 Ill.2d. 555, 37 Ill.Dec. 291, 402 N.E.2d. 181, appeal after remand (1st Dist) 107 Ill.App.3d. 222, 63 Ill.Dec. 134,
437 N.E.2d. 783.
84
United States v. Holzer (CA7 Ill), 816 F.2d. 304 and vacated, remanded on other grounds 484 U.S. 807, 98 L.Ed. 2d 18, 108 S.Ct. 53, on remand (CA7
Ill) 840 F.2d. 1343, cert den 486 U.S. 1035, 100 L.Ed. 2d 608, 108 S.Ct. 2022 and (criticized on other grounds by United States v. Osser (CA3 Pa) 864
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1 fiduciary responsibilities of a public officer cannot be less than those of a private individual. 85 Furthermore,
2 it has been stated that any enterprise undertaken by the public official which tends to weaken public confidence
3 and undermine the sense of security for individual rights is against public policy.86”
4 [63C American Jurisprudence 2d., Public Officers and Employees, §247 (1999)]
29 Those who are acting as “public officers” for “U.S. Inc.” have essentially donated their formerly private property
30 to a “public use”. In effect, they have joined the SOCIALIST collective and become partakers of money STOLEN
31 from people, most of whom, do not wish to participate and who would quit if offered an informed choice to do
32 so.
33 “My son, if sinners [socialists, in this case] entice you,
34 Do not consent [do not abuse your power of choice]
35 If they say, “Come with us,
36 Let us lie in wait to shed blood [of innocent "nontaxpayers"];
37 Let us lurk secretly for the innocent without cause;
38 Let us swallow them alive like Sheol,
39 And whole, like those who go down to the Pit:
40 We shall fill our houses with spoil [plunder];
41 Cast in your lot among us,
42 Let us all have one purse [share the stolen LOOT]"--
43 My son, do not walk in the way with them [do not ASSOCIATE with them and don't let the government
44 FORCE you to associate with them either by forcing you to become a " taxpayer"/government whore or a
45 "U.S. citizen"],
46 Keep your foot from their path;
47 For their feet run to evil,
48 And they make haste to shed blood.
49 Surely, in vain the net is spread
50 In the sight of any bird;
51 But they lie in wait for their own blood.
F.2d. 1056) and (superseded by statute on other grounds as stated in United States v. Little (CA5 Miss) 889 F.2d. 1367) and (among conflicting authorities
on other grounds noted in United States v. Boylan (CA1 Mass), 898 F.2d. 230, 29 Fed.Rules.Evid.Serv. 1223).
85
Chicago ex rel. Cohen v. Keane, 64 Ill.2d. 559, 2 Ill.Dec. 285, 357 N.E.2d. 452, later proceeding (1st Dist) 105 Ill.App.3d. 298, 61 Ill.Dec. 172, 434
N.E.2d. 325.
86
Indiana State Ethics Comm’n v. Nelson (Ind App), 656 N.E.2d. 1172, reh gr (Ind App) 659 N.E.2d. 260, reh den (Jan 24, 1996) and transfer den (May 28,
1996).
5 Below is what the U.S. Supreme Court says about those who have donated their private property to a “public use”.
6 The ability to volunteer your private property for “public use”, by the way, also implies the ability to
7 UNVOLUNTEER at any time, which is the part no government employee we have ever found is willing to talk
8 about. I wonder why….DUHHHH!:
9 “Men are endowed by their Creator with certain unalienable rights,-'life, liberty, and the pursuit of happiness;'
10 and to 'secure,' not grant or create, these rights, governments are instituted. That property [or income] which a
11 man has honestly acquired he retains full control of, subject to these limitations: First, that he shall not use it
12 that
to his neighbor's injury, and that does not mean that he must use it for his neighbor's benefit; second,
13 if he devotes it to a public use, he gives to the public a right to control that
14 use; and third, that whenever the public needs require, the public may take it upon payment of due
15 compensation.
16 [Budd v. People of State of New York, 143 U.S. 517 (1892)]
17 Any legal person, whether it be a natural person, a corporation, or a trust, may become a “public office” if it
18 volunteers to do so. A subset of those engaging in such a “public office” are federal “employees”, but the term
19 “public office” or “trade or business” encompass much more than just government “employees”. In law, when a
20 legal “person” volunteers to accept the legal duties of a “public office”, it therefore becomes a “trustee”, an agent,
21 and fiduciary (as defined in 26 U.S.C. §6903) acting on behalf of the federal government by the operation of
22 private contract law. It becomes essentially a “franchisee” of the federal government carrying out the provisions
23 of the franchise agreement, which is found in:
24 1. Internal Revenue Code, Subtitle A, in the case of the federal income tax.
25 2. The Social Security Act, which is found in Title 42 of the U.S. Code.
26 If you would like to learn more about how this “trade or business” scam works, consult the authoritative article
27 below:
28 If you would like to know more about the extreme dangers of participating in all government franchises and why
29 you destroy ALL your Constitutional rights and protections by doing so, see:
34 The IRS Form 1042-S Instructions confirm that all those who use Social Security Numbers are engaged in the
35 “trade or business” franchise:
36 Box 14, Recipient’s U.S. Taxpayer Identification Number (TIN)
37 You must obtain and enter a U.S. taxpayer identification number (TIN) for:
38 • Any recipient whose income is effectively connected with the conduct of a trade or business in the
39 United States.
11 Now let’s apply what we have learned to your employment situation. God said you cannot work for two
12 companies at once. You can only serve one company, and that company is the federal government if you are
13 receiving federal benefits:
14 “No one can serve two masters [two employers, for instance]; for either he will hate the one and love the other,
15 or else he will be loyal to the one and despise the other. You cannot serve God and mammon [government].”
16 [Luke 16:13, Bible, NKJV. Written by a tax collector]
17 Everything you make while working for your slave master, the federal government, is their property over which
18 you are a fiduciary and “public officer”.
19 “THE” + “IRS” =”THEIRS”
20 A federal “public officer” has no rights in relation to their master, the federal government:
21 “The restrictions that the Constitution places upon the government in its capacity as lawmaker, i.e., as the
22 regulator of private conduct, are not the same as the restrictions that it places upon the government in its capacity
23 as employer. We have recognized this in many contexts, with respect to many different constitutional guarantees.
24 Private citizens perhaps cannot be prevented from wearing long hair, but policemen can. Kelley v. Johnson, 425
25 U.S. 238, 247 (1976). Private citizens cannot have their property searched without probable cause, but in many
26 circumstances government employees can. O’Connor v. Ortega, 480 U.S. 709, 723 (1987) (plurality opinion);
27 id., at 732 (SCALIA, J., concurring in judgment). Private citizens cannot be punished for refusing to provide the
28 government information that may incriminate them, but government employees can be dismissed when the
29 incriminating information that they refuse to provide relates to the performance of their job. Gardner v.
30 Broderick, [497 U.S. 62, 95] 392 U.S. 273, 277 -278 (1968). With regard to freedom of speech in particular:
31 Private citizens cannot be punished for speech of merely private concern, but government employees can be fired
32 for that reason. Connick v. Myers, 461 U.S. 138, 147 (1983). Private citizens cannot be punished for partisan
33 political activity, but federal and state employees can be dismissed and otherwise punished for that reason. Public
34 Workers v. Mitchell, 330 U.S. 75, 101 (1947); Civil Service Comm'n v. Letter Carriers, 413 U.S. 548, 556 (1973);
35 Broadrick v. Oklahoma, 413 U.S. 601, 616 -617 (1973).”
36 [Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990)]
37 Your existence and your earnings as a federal “public officer” and “trustee” and “fiduciary” are entirely subject
38 to the whim and pleasure of corrupted lawyers and politicians, and you must beg and grovel if you expect to retain
39 anything:
40 “In the general course of human nature, A POWER OVER A MAN’s SUBSISTENCE AMOUNTS TO A POWER
41 OVER HIS WILL.”
42 [Alexander Hamilton, Federalist Paper No. 79]
43 You will need an “exemption” from your new slave master specifically spelled out in law to justify anything you
44 want to keep while working on the federal plantation. The IRS Form 1040 return is a profit and loss statement
45 for a federal business corporation called the “United States”. You are in partnership with your slave master and
46 they decide what scraps they want to throw to you in your legal “cage” AFTER they figure out whatever is left in
47 financing their favorite pork barrel project and paying off interest on an ever-expanding and endless national debt.
48 Do you really want to reward this type of irresponsibility and surety?
14 The higher ups at the IRS probably know the above, and they certainly aren’t going to tell private employers or
15 their underlings the truth, because they aren’t going to look a gift horse in the mouth and don’t want to surrender
16 their defense of “plausible deniability”. They will NEVER tell a thief who is stealing for them that they are
17 stealing, especially if they don’t have to assume liability for the consequences of the theft. No one who practices
18 this kind of slavery, deceit, and evil can rightly claim that they are loving their neighbor and once they know they
19 are involved in such deceit, they have a duty to correct it or become an “accessory after the fact” in violation of
20 18 U.S.C. §3. This form of deceit is also the sin most hated by God in the Bible. Below is a famous Bible
21 commentary on Prov. 11:1:
22 "As religion towards God is a branch of universal righteousness (he is not an honest man that is not devout), so
23 righteousness towards men is a branch of true religion, for he is not a godly man that is not honest, nor can he
24 expect that his devotion should be accepted; for, 1. Nothing is more offensive to God than deceit in commerce.
25 A false balance is here put for all manner of unjust and fraudulent practices [of our public dis-servants] in
26 dealing with any person [within the public], which are all an abomination to the Lord, and render those
27 abominable [hated] to him that allow themselves in the use of such accursed arts of thriving. It is an affront
28 to justice, which God is the patron of, as well as a wrong to our neighbour, whom God is the protector of. Men
29 [in the IRS and the Congress] make light of such frauds, and think there is no sin in that which there is money
30 to be got by, and, while it passes undiscovered, they cannot blame themselves for it; a blot is no blot till it is hit,
31 Hos. 12:7, 8. But they are not the less an abomination to God, who will be the avenger of those that are
32 defrauded by their brethren. 2. Nothing is more pleasing to God than fair and honest dealing, nor more
33 necessary to make us and our devotions acceptable to him: A just weight is his delight. He himself goes by a
34 just weight, and holds the scale of judgment with an even hand, and therefore is pleased with those that are herein
35 followers of him. A balance cheats, under pretence of doing right most exactly, and therefore is the greater
36 abomination to God."
37 [Matthew Henry’s Commentary on the Whole Bible; Henry, M., 1996, c1991, under Prov. 11:1]
38 The Bible also says that those who participate in this kind of “commerce” with the government are practicing
39 harlotry and idolatry. The Bible book of Revelation describes a woman called “Babylon the Great Harlot”.
40 “And I saw a woman sitting on a scarlet beast which was full of names of blasphemy, having seven heads and ten
41 horns. The woman was arrayed in purple and scarlet, and adorned with gold and precious stones and pearls,
42 having in her hand a golden cup full of abominations and the filthiness of her fornication. And on her forehead a
43 name was written:
44 MYSTERY, BABYLON THE GREAT, THE MOTHER OF HARLOTS AND OF THE ABOMINATIONS OF THE
45 EARTH.
46 I saw the woman, drunk with the blood of the saints and with the blood of the martyrs of Jesus. And when I saw
47 her, I marveled with great amazement.”
48 [Rev. 17:3-6, Bible, NKJV]
49 This despicable harlot is described below as the “woman who sits on many waters”.
50 “Come, I will show you the judgment of the great harlot [Babylon the Great Harlot] who sits on many waters,
51 with whom the kings of the earth [politicians and rulers] committed fornication, and the inhabitants of the earth
52 were made drunk [indulged] with the wine of her fornication.”
2 These waters are simply symbolic of a democracy controlled by mobs of atheistic people who are fornicating with
3 the Beast and who have made it their false, man-made god and idol:
4 “The waters which you saw, where the harlot sits, are peoples, multitudes, nations, and tongues.”
5 [Rev. 17:15, Bible, NKJV]
6 The Beast is then defined in Rev. 19:19 as “the kings of the earth”, which today would be our political rulers:
7 “And I saw the beast, the kings of the earth, and their armies, gathered together to make war against Him who
8 sat on the horse and against His army.”
9 [Rev. 19:19, Bible, NKJV]
10 Babylon the Great Harlot is “fornicating” with the government by engaging in commerce with it. Black’s Law
11 Dictionary defines “commerce” as “intercourse”:
12 “Commerce. …Intercourse by way of trade and traffic between different peoples or states and the citizens or
13 inhabitants thereof, including not only the purchase, sale, and exchange of commodities, but also the
14 instrumentalities [governments] and agencies by which it is promoted and the means and appliances by which it
15 is carried on…”
16 [Black’s Law Dictionary, Sixth Edition, p. 269]
17 If you want your rights back people, you can’t pursue government employment in the context of your private job.
18 If you do, the Bible, not us, says you are a harlot and that you are CONDEMNED to hell!
19 And I heard another voice from heaven saying, “Come out of her, my people, lest you share in her sins, and lest
20 you receive of her plagues. For her sins have reached to heaven, and God has remembered her iniquities. Render
21 to her just as she rendered to you, and repay her double according to her works; in the cup which she has mixed,
22 mix double for her. In the measure that she glorified herself and lived luxuriously, in the same measure give her
23 torment and sorrow; for she says in her heart, ‘I sit as queen, and am no widow, and will not see sorrow.’
24 Therefore her plagues will come in one day—death and mourning and famine. And she will be utterly burned
25 with fire, for strong is the Lord God who judges her.
26 [Rev. 18:4-8, Bible, NKJV]
29 All corporations are what is called “franchises”. Below is the definition of “franchise”:
30 FRANCHISE. A special privilege conferred by government on individual or corporation, and which does not
31 belong to citizens of country generally of common right. Elliott v. City of Eugene, 135 Or. 108, 294 P. 358, 360.
32 In England it is defined to be a royal privilege in the hands of a subject.
33 A "franchise," as used by Blackstone in defining quo warranto, (3 Com. 262 [4th Am. Ed.] 322), had reference
34 to a royal privilege or branch of the king's prerogative subsisting in the hands of the subject, and must arise from
35 the king's grant, or be held by prescription, but today we understand a franchise to be some special privilege
36 conferred by government on an individual, natural or artificial, which is not enjoyed by its citizens in general.
37 State v. Fernandez, 106 Fla. 779, 143 So. 638, 639, 86 A.L.R. 240.
38 In this country a franchise is a privilege or immunity of a public nature, which cannot be legally exercised
39 without legislative grant. To be a corporation is a franchise. The various powers conferred on corporations are
40 franchises. The execution of a policy of insurance by an insurance company [e.g. Social Insurance/Social
41 Security], and the issuing a bank note by an incorporated bank [such as a Federal Reserve NOTE], are
42 franchises. People v. Utica Ins. Co.. 15 Johns., N.Y., 387, 8 Am.Dec. 243. But it does not embrace the property
43 acquired by the exercise of the franchise. Bridgeport v. New York & N. H. R. Co., 36 Conn. 255, 4 Arn.Rep. 63.
44 Nor involve interest in land acquired by grantee. Whitbeck v. Funk, 140 Or. 70, 12 P.2d. 1019, 1020 In a popular
45 sense, the political rights of subjects and citizens are franchises, such as the right of suffrage. etc. Pierce v.
46 Emery, 32 N.H. 484; State v. Black Diamond Co., 97 Ohio.St. 24, 119 N.E. 195, 199, L.R.A.l918E, 352.
47 Elective Franchise. The right of suffrage: the right or privilege of voting in public elections.
4 Personal Franchise. A franchise of corporate existence, or one which authorizes the formation and existence of
5 a corporation, is sometimes called a "personal" franchise. as distinguished from a "property" franchise, which
6 authorizes a corporation so formed to apply its property to some particular enterprise or exercise some special
7 privilege in its employment, as, for example, to construct and operate a railroad. See Sandham v. Nye, 9 Misc.Rep.
8 541, 30 N.Y.S. 552.
9 Secondary Franchises. The franchise of corporate existence being sometimes called the "primary" franchise of a
10 corporation, its "secondary" franchises are the special and peculiar rights, privileges, or grants which it may,
11 receive under its charter or from a municipal corporation, such as the right to use the public streets, exact tolls,
12 collect fares, etc. State v. Topeka Water Co., 61 Kan. 547, 60 P. 337; Virginia Canon Toll Road Co. v. People,
13 22 Colo. 429, 45 P. 398, 37 L.R.A. 711. The franchises of a corporation are divisible into (1) corporate or general
14 franchises; and (2) "special or secondary franchises. The former is the franchise to exist as a corporation, while
15 the latter are certain rights and privileges conferred upon existing corporations. Gulf Refining Co. v. Cleveland
16 Trust Co., 166 Miss. 759, 108 So. 158, 160.
19 A "franchise" is an arrangement usually between you and the government, the voluntary acceptance of which puts
20 you into a "privileged" state and causes a surrender of constitutional rights of one kind or another. The courts call
21 "franchises" by various pseudonames such as “public right” to disguise the nature of the inferior relation to the
22 government of "franchisees". Franchises include:
23 1. Domicile in the forum state, which causes one to end up being one of the following:
24 1.1. Statutory "U.S. citizen" pursuant to 8 U.S.C. §1401 if a domestic national.
25 1.2. Statutory "Permanent resident" pursuant to 26 U.S.C. §7701(b)(1)(A) if a foreign national.
26 2. Becoming a registered "voter" rather than an "elector".
27 3. I.R.C. Section 501(c)(3) status for churches. Churches that register under this program become government "trustees"
28 and "public officials" that are part of the government. Is THIS what you call "separation of church and state"? See:
29 http://famguardian.org/Subjects/Spirituality/spirituality.htm#TAXATION_OF_CHURCHES_AND_CHURCH_GOERS:
30 4. Serving as a jurist. 18 U.S.C. §201(a)(1) says that all persons serving as federal jurists are "public officials".
31 5. Attorney licenses. All attorneys are "officers of the court" and the courts in turn are part of the government. See the
32 following for details:
Why You Don’t Want An Attorney, Family Guardian Fellowship
http://famguardian.org/Subjects/LawAndGovt/LegalEthics/Corruption/WhyYouDontWantAnAtty/
WhyYouDon'tWantAnAttorney.htm
33 6. Marriage licenses. See the following for details:
Sovereign Christian Marriage, Form #13.009
http://sedm.org/ItemInfo/Ebooks/SovChristianMarriage/SovChristianMarriage.htm
34 7. Driver's licenses. See the following for details:
Defending Your Right to Travel, Form #06.010
http://sedm.org/ItemInfo/Ebooks/DefYourRightToTravel.htm
35 8. Professional licenses.
36 9. Fishing licenses.
37 10. Social Security benefits. See the following for details:
Resignation of Compelled Social Security Trustee, Form #06.002
http://sedm.org/Forms/10-Emancipation/SSTrustIndenture.pdf
38 11. Medicare.
39 12. Medicaid.
40 13. FDIC insurance of banks. 31 C.F.R. §202.2 says all FDIC insured banks are "agents" of the federal government and
41 therefore "public officers".
42 The U.S. Supreme Court acknowledged that private conduct is beyond the reach of the government and that certain
43 harmful, and therefore regulated activities may cause the actors to become “public officers” when it held the
44 following.
3 To implement these principles, courts must consider from time to time where the governmental sphere [e.g.
4 “public purpose” and “public office”] ends and the private sphere begins. Although the conduct of private parties
5 lies beyond the Constitution's scope in most instances, governmental authority may dominate an activity to such
6 an extent that its participants must be deemed to act with the authority of the government and, as a result, be
7 subject to constitutional constraints. This is the jurisprudence of state action, which explores the "essential
8 dichotomy" between the private sphere and the public sphere, with all its attendant constitutional obligations.
9 Moose Lodge, supra, at 172.“
10 [. . .]
11 Given that the statutory authorization for the challenges exercised in this case is clear, the remainder of our state
12 action analysis centers around the second part of the Lugar test, whether a private litigant, in all fairness, must
13 be deemed a government actor in the use of peremptory challenges. Although we have recognized that this aspect
14 of the analysis is often a fact-bound inquiry, see Lugar, supra, 457 U.S. at 939, our cases disclose certain
15 principles of general application. Our precedents establish that, in determining whether a particular action or
16 course of conduct is governmental in character, it is relevant to examine the following:
17 [1] the extent to which the actor relies on governmental assistance and benefits, see Tulsa Professional Collection
18 Services, Inc. v. Pope, 485 U.S. 478 (1988) ; Burton v. Wilmington Parking Authority, 365 U.S. 715 (1961) ;
19 [2] whether the actor is performing a traditional governmental function, see Terry v. Adams, 345 U.S. 461 (1953)
20 ; Marsh v. Alabama, 326 U.S. 501 (1946) ; cf. San Francisco Arts & Athletics, Inc. v. United States Olympic [500
21 U.S. 614, 622] Committee, 483 U.S. 522, 544 -545 (1987);
22 [3] and whether the injury caused is aggravated in a unique way by the incidents of governmental authority, see
23 Shelley v. Kraemer, 334 U.S. 1 (1948).
24 Based on our application of these three principles to the circumstances here, we hold that the exercise of
25 peremptory challenges by the defendant in the District Court was pursuant to a course of state action.
26 [Edmonson v. Leesville Concrete Company, 500 U.S. 614 (1991) ]
27 Note that the "statutory or decisional law" they are referring to above are ONLY.
28 1. Criminal law.
29 2. Franchises that you consensually engage in using your right to contract.
Why Statutory Civil Law is Law for Government and Not Private Persons, Form #05.037
http://sedm.org/Forms/FormIndex.htm
31 Nearly every type of government-issued benefit, license, or "privilege" you could possibly procure makes you
32 into a "public officer", "public official", "fiduciary", "alien", "resident", 'transferee", or "trustee" of the government
33 of one kind or another with a "residence" on federal territory.
34 “All the powers of the government [including ALL of its civil enforcement powers against the public] must be
35 carried into operation by individual agency, either through the medium of public officers, or contracts made
36 with [private] individuals.”
37 [Osborn v. Bank of U.S., 22 U.S. 738 (1824) ]
38 The application or license to procure the "benefits" of the franchise constitutes the contract mentioned above that
39 creates the public office and the "RES" which is "IDENT-ified" within the government's legislative jurisdiction
40 on federal territory. Hence "RES-IDENT"/"resident".
41 "Res. Lat. The subject matter of a trust or will [or legislation]. In the civil law, a thing; an object. As a term
42 of the law, this word has a very wide and extensive signification, including not only things which are objects of
43 property, but also such as are not capable of individual ownership. And in old English law it is said to have a
44 general import, comprehending both corporeal and incorporeal things of whatever kind, nature, or species. By
45 "res," according to the modern civilians, is meant everything that may form an object of rights, in opposition
46 to "persona," which is regarded as a subject of rights. "Res," therefore, in its general meaning, comprises
5 Res is everything that may form an object of rights and includes an object, subject-matter or status. In re
6 Riggle's Will, 11 A.D.2d. 51 205 N.Y.S.2d. 19, 21, 22. The term is particularly applied to an object, subject-
7 matter, or status, considered as the defendant [hence, the ALL CAPS NAME] in an action, or as an object
8 against which, directly, proceedings are taken. Thus, in a prize case, the captured vessel is "the res"; and
9 proceedings of this character are said to be in rem. (See In personam; In Rem.) "Res" may also denote the action
10 or proceeding, as when a cause, which is not between adversary parties, is entitled "In re ______".
11 [Black’s Law Dictionary, Sixth Edition, pp. 1304-1306]
12 The "subject matter or status" they are talking about includes all privileged statuses such as "taxpayer", "benefit
13 recipient", "citizen", or "resident". Even domicile is a type of franchise--a "protection franchise", to be
14 precise. This "res-ident" is what most people in the freedom community would refer to as your "straw man". If
15 a state-issued license or benefit is at issue, the territory that the privilege or franchise attaches to is federal territory
16 that is usually in a federal area within the exterior limits of the state. The reason all licenses must presume
17 domicile of the "person" on federal territory is that they are implemented using civil law and they regulate the
18 exercise of rights protected by the Constitution, which in turn is a violation of rights. The Constitution and the
19 Bill of Rights portion of the Constitution does not apply on federal territory, and therefore there is no conflict with
20 the Constitution in regulating the exercise of rights there.
21 “Indeed, the practical interpretation put by Congress upon the Constitution has been long continued and uniform
22 to the effect [182 U.S. 244, 279] that the Constitution is applicable to territories acquired by purchase or
23 conquest, only when and so far as Congress shall so direct. Notwithstanding its duty to 'guarantee to every
24 state in this Union a republican form of government' (art. 4, 4), by which we understand, according to the
25 definition of Webster, 'a government in which the supreme power resides in the whole body of the people, and
26 is exercised by representatives elected by them,' Congress did not hesitate, in the original organization of the
27 territories of Louisiana, Florida, the Northwest Territory, and its subdivisions of Ohio, Indiana, Michigan,
28 Illinois, and Wisconsin and still more recently in the case of Alaska, to establish a form of government bearing
29 a much greater analogy to a British Crown colony than a republican state of America, and to vest the legislative
30 power either in a governor and council, or a governor and judges, to be appointed by the President. It was not
31 until they had attained a certain population that power was given them to organize a legislature by vote of the
32 people. In all these cases, as well as in territories subsequently organized west of the Mississippi, Congress
33 thought it necessary either to extend to Constitution and laws of the United States over them, or to declare that
34 the inhabitants should be entitled to enjoy the right of trial by jury, of bail, and of the privilege of the writ of
35 habeas corpus, as well as other privileges of the bill of rights.”
36 [Downes v. Bidwell, 182 U.S. 244 (1901)]
37 In that sense, applying for any kind of "privilege" or franchise from the government amounts to your constructive
38 consent to be treated as a "resident alien" who is domiciled on federal territory and who has no constitutional
39 rights. The following articles and forms describe this straw man and provide tools to notify the government that
40 you have disconnected yourself from this "straw man" who is the "public officer" that is the only proper or lawful
41 subject of most federal legislation:
50 Participating in federal franchises has the following affects upon the legal status of various types of "persons"
51 listed below. The right column describes the status of the "public officer" you represent while you are acting in
52 that capacity. The right column is a judicial creation not found directly in the statutes and which results from the
53 application of the Foreign Sovereign Immunities Act (F.S.I.A.), 28 U.S.C. §1605. It does not describe your own
54 private status. This "public officer" in the right column is the "straw man" that is the subject of nearly all federal
"These general rules are well settled: (1) That the United States, when it creates rights in individuals
against itself [a "public right", which is a euphemism for a "franchise" to help the court disguise the
nature of the transaction], is under no obligation to provide a remedy through the courts. United States ex
rel. Dunlap v. Black, 128 U.S. 40, 9 Sup.Ct. 12, 32 L.Ed. 354; Ex parte Atocha, 17 Wall. 439, 21 L.Ed.
696; Gordon v. United States, 7 Wall. 188, 195, 19 L.Ed. 35; De Groot v. United States, 5 Wall. 419, 431,
433, 18 L.Ed. 700 Comegys v. Vasse, 1 Pet. 193, 212, 7 L.Ed. 108. (2) That where a statute creates a right
and provides a special remedy, that remedy is exclusive. Wilder Manufacturing Co. v. Corn Products Co.,
236 U.S. 165, 174, 175, 35 Sup.Ct. 398, 59 L.Ed. 520, Ann.Cas. 1916A, 118; Arnson v. Murphy, 109 U.S. 238,
3 Sup.Ct. 184, 27 L.Ed. 920; Barnet v. National Bank, 98 U.S. 555, 558, 25 L.Ed. 212 Farmers’ & Mechanics’
National Bank v. Dearing, 91 U.S. 29, 35, 23 L.Ed. 196. . Still the fact that the right and the remedy are thus
intertwined might not, if the provision stood alone, require us to hold that the remedy expressly given excludes
a right of review by the Court of Claims, where the decision of the special tribunal involved no disputed
question of fact and the denial of compensation was rested wholly upon the construction of the act. See
Medbury v. United States, 173 U.S. 492, 198, 19 Sup.Ct. 503, 43 L.Ed. 779; Parish v. MacVeagh, 214 U.S.
124, 29 Sup.Ct. 556, 53 L.Ed. 936; McLean v. United States, 226 U.S. 374, 33 Sup.Ct. 122, 57 L.Ed.
260; United States v. Laughlin (No. 200), 249 U.S. 440, 39 Sup.Ct. 340, 63 L.Ed. 696, decided April 14, 1919.
But here Congress has provided:
[U.S. v. Babcock, 250 U.S. 328, 39 S.Ct. 464 (1919) ]
Signing up for government entitlements hands them essentially a blank check, because they, and not you,
determine the cost for the service and how much you will pay for it beyond that point. This makes the public
servant into your Master and beyond that point, you must lick the hands that feed you. Watch Out! NEVER,
EVER take a hand-out from the government of ANY kind, or you'll end up being their CHEAP WHORE. The
Bible calls this WHORE "Babylon the Great Harlot". Remember: Black’s Law Dictionary defines
"commerce", e.g. commerce with the GOVERNMENT, as "intercourse". Bend over!
Commerce. …Intercourse by way of trade and traffic between different peoples or states and the citizens or
inhabitants thereof, including not only the purchase, sale, and exchange of commodities, but also the
instrumentalities [governments] and agencies by which it is promoted and the means and appliances by which
it is carried on…”
[Black’s Law Dictionary, Sixth Edition, p. 269]
Government franchises and licenses are the main method for destroying the sovereignty of the people pursuant to 28
U.S.C. §1603(b)(3) and 28 U.S.C. §1605(a)(2). For further details, read the Sovereignty Forms and Instructions Manual,
Form #10.005, Sections 1.4 through 1.11.
6 The quote above from founding father James Madison establishes that when powers of one branch of government
7 are consolidated into any other branch, we will have tyranny. The originator of the Separation of Powers upon
8 which our constitutional design for government was based also said the same thing:
9 “When the legislative and executive powers are united in the same person, or in the same body of magistrates,
10 there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact
11 tyrannical laws, to execute them in a tyrannical manner.”
12 [Montesquieu, The Spirit of the Laws, vol. 1, trans. Thomas Nugent (London: J. Nourse, 1777), pp. 221-237,
13 passim.]
14 Franchise courts are an example where such tyranny occurs because they consolidate judicial functions into the
15 executive branch of the government. All franchise courts such as the U.S. Tax Court are in the Executive Branch,
16 as held by the U.S. Supreme Court in Freytag v. Commissioner, 501 U.S. 868 (1991).
3 I have already explained that the Tax Court, like its predecessors, exercises the executive power of the United
4 States. This does not, of course, suffice to market a "Departmen[t]" for purposes of the Appointments Clause. If,
5 for instance, the Tax Court were a subdivision of the Department of the Treasury -- as the Board of Tax
6 Appeals used to be -- it would not qualify. In fact, however, the Tax Court is a freestanding, self-contained
7 entity in the Executive Branch, whose Chief Judge is removable by the President (and, save impeachment, no
8 one else). Nevertheless, the Court holds that the Chief Judge is not the head of a department.”
9 [Freytag v. Commissioner, 501 U.S. 868, 914-915 (1991)]
10 We can now apply these concepts to show those areas in the courts where judicial discretion is being abused as
11 the equivalent of a “protection racket” for an organized crime syndicate called the “United States” in order to
12 spread a private corporate monopoly over certain segments of the private commercial marketplace. These areas
13 include “social insurance”, postal delivery, courts, and police protection. A truly free economy would allow and
14 even promote privatization of all these areas and prohibit the courts by statutes from doing all the following things:
15 1. Constitutional courts may not shirk or undermine their duty to protect PRIVATE rights. The purpose of the creation of
16 all government, in fact, is to protect PRIVATE rights. The first step in protecting PRIVATE rights is to prevent them
17 from being converted into public rights, public offices, or a public use without the consent of the owner.
18 2. De jure constitutional courts cannot participate in or allow Congress to put into effect ANY enactment that would
19 undermine the protection of private rights. For instance, they cannot invoke the Declaratory Judgments Act, 28 U.S.C.
20 §2201(a) to evade the duty to issue a declaratory judgment in the case of a NONTAXPAYER. All statutory “taxpayers”
21 under the I.R.C. are public officers in the U.S. government, but NONTAXPAYERS are PRIVATE human beings with
22 constitutional rights that are UNALIENABLE and MUST be protected by all de jure constitutional courts.
23 3. Franchises within the government may not lawfully be protected by the courts using sovereign immunity. If the courts
24 extend sovereign immunity to protect any government franchise, then they are furthering private business interests at the
25 expense of the Constitutional rights to property of individuals.
26 4. The government may not deny that any franchise they are administering is private business and not government business
27 or a “public purpose”.
28 5. The government may not exempt itself from the provisions of the Sherman Antitrust Act in the area of franchises or
29 benefits it offers. In all cases involving franchises, the federal government, like every other private corporation, must
30 implicitly surrender sovereign immunity and be sued in any court, not just federal court, for any infractions or violations
31 under the franchise agreement.
32 6. The federal government may not use Article III constitutional courts to enforce participation in or collection of revenues
33 to pay any franchise, nor may they impose an obligation upon private citizens to officiate over disputes arising under the
34 private franchise agreement by forcing them to act as jurists in courts that are hearing cases involving franchises. This
35 causes public institutions to be abused for a “private purpose”, which amounts to theft of people’s time for the private
36 benefit of a few individuals in the government. 18 U.S.C. §201(a)(1) says that all those presiding as jurists are “public
37 officers”, and public property may not be abused for private gain without committing embezzlement.
38 7. The courts must carefully distinguish between “United States” when used in the context of the government only and
39 “United States” when used in the context of a specific geographic place. They deliberately confuse these two in the
40 Internal Revenue Code in order to deceive people into believing that participation in the Internal (to the government)
41 Revenue Code “scheme” pertains to all individuals, rather than more properly only to those within the government who
42 are “public officers”, federal corporations, and franchisees.
43 We remind our readers that no entity deserves to be called a “government” that interferes with anyone or any
44 business setup to compete with the services it officers. To deny this:
16 3. Denies the legislative intent of the Declaration of Independence, that says it is the right and DUTY even of people to
17 setup their own governments, and by implication government services, that provide better security and safety for their
18 rights.
19 “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator
20 with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure
21 these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,
22 --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to
23 alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing
24 its powers in such form, as to them shall seem most likely to affect their Safety and Happiness.”
25 [Declaration of Independence]
26 The “form of government” referred to above by Jefferson is all the component services offered by the government, which
27 we believe can and should be subject to competition and choice and privatization.
28 4. Denies others the right of self-government in a way they choose.
29 Ultimately, the courts are being abused for is to create a corporate welfare state for a gigantic private corporate
30 monopoly of malfeasant, inefficient tyrants who demand to be worshipped and glorified as a pagan deity and a
31 religion, not a government. They are Microsoft to the Tenth power, not a government. This is exhaustively proven
32 in the following document:
33 In modern lingo, they are a fascist corporate dictatorship, whereby privilege and “adhesion contracts” have
34 replaced equal protection and equal rights. Benito Mussolini (1883-1945) named his form of socialism, "fascism"
35 after the "fasces", the symbol of bound sticks used as a totem of power in ancient Rome, which is now the symbol
36 for the United States Tax Court which symbol is a descriptive and appropriate symbol for this particularized
37 tribunal because this so-called court is Satanic and Fascist and created to give only the illusion of justice while
38 establishing compliance to the 2nd Plank of the Communist Manifesto.
2 The same “fasces” used in the U.S. Tax Court symbol above also appears in the statue outside the U.S. Supreme
3 Court. Notice what is in the left hand of the warrior and that it is a warrior. That warrior is your government,
4 who is warring against your rights:
5 Figure 3: Statue outside the U.S. Supreme Court
3 An important aspect of discerning whether government functions have been privatized is the ability to determine
4 whether a corporation is considered an officer or agent of the government by the courts. On this subject, the U.S.
5 Supreme Court has held the following:
6 The ultimate question for determination is whether the employment of defendant Strang as an inspector by the
7 United States Shipping Board Emergency Fleet Corporation, without more, made him an agent of the
8 government within the meaning of section 41, Criminal Code.
9 ‘Sec. 41. No officer or agent of any corporation, join-stock company, or association, and no member or agent of
10 any firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation,
11 joint-stock company, association, or firm, shall be employed or shall act as an officer or agent of the United
12 States for the transaction of business with such corporation, joint-stock company, association, or firm. Whoever
13 shall violate the provision of this section shall be fined not more than two thousand dollars and imprisoned not
14 more than two years.’ Comp. St. § 10205.
15 Holding that this employment did not suffice to create the relation alleged, the trial court sustained a demurrer
16 to the indictment. It contains four counts, three of which charge that Strang unlawfully acted as agent of the
17 United States in transacting business with the Duval Ship Outfitting Company, a copartnership of which he was
18 a member, in that while an employee of the Fleet Corporation as an inspector he signed and executed (February,
19 1919) three separate orders to the Outfitting Company for repairs and alterations on the steamship Lone Star.
20 The other defendants are charged with aiding and abetting him. The trial court and counsel here have treated the
21 fourth count as charging all the defendants with conspiracy to commit the offenses set forth in the three preceding
22 counts. United States v. Colgate & Co., 250 U.S. 300, 39 Sup.Ct. 465, 63 L.Ed. 992, 7 A.L.R. 443.
8 As authorized by the Act of September 7, 1916 (39 Stat. 728), the United States Shipping Board caused the Fleet
9 Corporation to be organized (April 16, 1917) under laws of the District of Columbia with $50,000,000 capital
10 stock, all owned by the United States, and it became an operating agency of that board. Later, the President
11 directed that the corporation should have and exercise a specified portion of the power and authority in respect
12 of ships granted to him by the Act of June 15, 1917 (40 Stat. 182), and he likewise authorized the Shipping Board
13 to exercise through it another portion of such power and authority. See The Lake Monroe, 250 U.S. 246, 252, 39
14 Sup.Ct. 460, 63 L.Ed. 962. The corporation was controlled and managed by its own officers and appointed its
15 own servants and agents who became directly responsible to it. Notwithstanding all its stock was owned by the
16 United States it must be regarded as a separate entity. Its inspectors were not appointed by the President, nor
17 by any officer designated by Congress; they were subject to removal by the corporation only and could contract
18 only for it. In such circumstances we think they were not agents of the United States within the true intendment
19 of section 41.
20 Generally agents of a corporation are not agents of the stockholders and cannot contract for the latter.
21 Apparently this was one reason why Congress authorized organization of the Fleet Corporation. *494 Bank of
22 the United States v. Planters' Bank of Georgia, 9 Wheat. 904, 907, 908, 6 L.Ed. 244; Bank of Kentucky v.
23 Wister et al., 2 Pet. 318, 7 L.Ed. 437; Briscoe et al. v. Bank of Kentucky, 11 Pet. 257, 9 L.Ed. 709; Salas v.
24 United States, 234 Fed. 842, 148 C. C. A. 440. The view of Congress is further indicated by the provision in
25 section 7, Appropriation Act of October 6, 1917 (40 Stats. 345, 384 [Comp. St. 1918, Comp. St. Ann. Supp. 1919,
26 § 251b]):
27 ‘Provided, that the United States Shipping Board Emergency Fleet Corporation shall be considered a government
28 establishment for the purposes of this section.’
29 Also, by the Act of October 23, 1918 (chapter 194, 40 Stats. 1015 [Comp. St. Ann. Supp 1919, § 10199]) which
30 amends section 35, Criminal Code, and renders it criminal to defraud or conspire to defraud a corporation in
31 which the United States owns stock.
33 The rules for determining whether a corporation whose stock is owned by the government is considered part of
34 the government are summarized below:
35 1. Agents of a corporation are not agents of the stockholders and cannot contract for the latter. Therefore, even if the
36 government owns the stock of a corporation, the agents or officers of the corporation cannot be considered an agency or
37 instrumentality of the government.
38 2. An officer or agent of the corporation can only be considered part of the government to the extent that he or she:
39 2.1. Is appointed by the President or by an officer designated by Congress.
40 2.2. Is able to contract for or on behalf of the government.
41 In fulfillment of the above, the reader should note that the definition of “employee” found in Title 5 of the U.S.
42 Code has as a prerequisite that all “employees” are officers of the “United States”:
43 TITLE 5 > PART III > Subpart A > CHAPTER 21 > § 2105
44 § 2105. Employee
45 (a) For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically
46 modified, means an officer and an individual who is—
47 (1) appointed in the civil service by one of the following acting in an official capacity—
48 (A) the President;
49 (B) a Member or Members of Congress, or the Congress;
50 (C) a member of a uniformed service;
51 (D) an individual who is an employee under this section;
52 (E) the head of a Government controlled corporation; or
53 (F) an adjutant general designated by the Secretary concerned under section 709 (c) of title 32;
2 (3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the
3 performance of the duties of his position.
4 Consequently:
5 1. “employees” described in 5 U.S.C. §2105 would be considered “officers and agents of the United States” and therefore
6 part of the government.
7 2. Only the head of a government-controlled corporation would qualify as an “employee”, officer, or agent of the
8 government. Everyone below him or her would not.
9 If you would like to know what the Congressional Research Service (CRS) identifies as specific federal
10 corporations, see:
Federal Government Corporations: An Overview, CRS Report #RL30365, Congressional Research Service, Jan. 7, 2009
http://famguardian.org/Subjects/Freedom/ThreatsToLiberty/RL30365.pdf
12 The following subsections document how the state and federal governments have been corporatized. They appear
13 in the time order they were accomplished.
14 If you would like detailed research into all of the above steps, including the full text of enactments of Congress
15 and Executive Orders mentioned in the following subsections, we recommend:
17 This section describes, in chronological order, the specific events which transformed a de jure or original
18 jurisdiction government into a for-profit, private corporation.
19 1863: Martial Law is declared by President Lincoln on April 24th, 1863, with General Orders No. 100; under
20 martial law authority, Congress and President Lincoln institute continuous martial law by ordering the states
21 (people) either conscribe troops and or provide money in support of the North or be recognized as enemies of the
22 nation; this martial law Act of Congress is still in effect today. This martial law authority gives the President
23 (with or without Congress) the dictatorial authority to do anything that can be done by government in accord with
24 the Constitution of the United States of America. This conscription act remains in effect to this very day and is
25 the foundation of Presidential Executive Orders authority; it was magnified in 1917 with The Trading with the
26 Enemy Act (Public Law 65-91, 65th Congress, Session I, Chapters 105, 106, October 6, 1917). and again in 1933
27 with the Emergency War Powers Act, which is ratified and enhanced almost every year to this date by Congress.
28 Today these Acts address the people of the United States themselves as their enemy.
29 __________________________________________________________________________________________
30 _________
31 1871: District of Columbia Organic Act of 1871, 16 Stat. 419-429 created a “municipal corporation” to govern
32 the District of Columbia. Considering the fact that the municipal corporation itself was incorporated in 1801, an
33 “Organic Act” (first Act affecting D.C. which invokes the term “organic”). We prove later in section 14.4 that
34 this corporation is a PRIVATE corporation. Hereinafter we will call that private corporation, “Corp. U.S.” By
35 consistent usage, Corp. U.S. trademarked the name, “United States Government” referring to themselves. The
36 District of Columbia Organic Act of 1871, 16 Stat. 419-429 places Congress in control (like a corporate board)
Corporatization and Privatization of the Government 238 of 319
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1 and gives the purpose of the act to form a governing body over the municipality; this allowed Congress to direct
2 the business needs of the government under the existent martial law and provided them with corporate abilities
3 they would not otherwise have. This was done under the constitutional authority for Congress to pass any law
4 within the ten mile square of the District of Columbia.
5 You can read the full text of the act on our website below:
District of Columbia Organic Act of 1871, 16 Stat. 419-429, SEDM Exhibit #08.008
http://sedm.org/Exhibits/ExhibitIndex.htm
6 __________________________________________________________________________________________
7 _________
8 1878: District of Columbia Organic Act of 1878, 20 Stat. 102-108. Provided a permanent form of government
9 for the District of Columbia. The act designates the District as a municipal corporation. You can read the full
10 text of the act on our website below:
District of Columbia Organic Act of 1878, 20 Stat. 102-108, SEDM Exhibit #08.009
http://sedm.org/Exhibits/ExhibitIndex.htm
11 __________________________________________________________________________________________
12 _________
13 1912: Corp. U.S. began to generate debts via bonds etc., which came due in 1912, but they could not pay their
14 debts so the 7 families that bought up the bonds demanded payment and Corp. U.S. could not pay. Said families
15 settled the debt for the payments of all of Corp. U.S.' assets and for all of the assets of the Treasury of the United
16 States of America.
17 __________________________________________________________________________________________
18 _________
19 1913: As 1913 began, Corp. U.S. had no funds to carry out the necessary business needs of the government so
20 they went to said families and asked if they could borrow some money. The families said no (Corp. U.S. had
21 already demonstrated that they would not repay their debts in full). The families had foreseen this situation and
22 had the year before finalized the creation of a private corporation of the name "Federal Reserve Bank". Corp.
23 U.S. formed a relationship with the Federal Reserve Bank whereby they could transact their business via note
24 rather than with money. Notice that this relationship was one made between two private corporations and did not
25 involve government; that is where most people error in understanding the Federal Reserve Bank system—again
26 it has no government relation at all. The private contracts that set the whole system up even recognize that if
27 anything therein proposed is found illegal or impossible to perform it is excluded from the agreements and the
28 remaining elements remain in full force and effect.
29 __________________________________________________________________________________________
30 _________
31 1913: Almost simultaneously with the last fact (also in 1913), Corp. U.S. adopts (as if ratified) their own 16th
32 amendment. Tax protesters challenge the IRS tax collection system based on this fact, however when we
33 remember that Corp. U.S. originally created their constitution by simply drafting it and adopting it; there is no
34 difference between that adoption and this—such is the nature of corporate enactments—when the corporate board
35 (Congress) tells the secretary to enter the amendment as ratified (even though the States had not ratified it) the
36 Secretary was instructed that the Representatives word alone was sufficient for ratification. You must also note,
37 this amendment has nothing to do with our nation, with our people or with our national Constitution, which already
38 had its own 16th amendment. The Supreme Court (in Brushaber v. Union Pacific R. Co., 240 U.S. 1 (1916)) ruled
Corporatization and Privatization of the Government 239 of 319
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Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 the 16th amendment did nothing that was not already done other than to make plain and clear the right of the
2 United States (Corp. U.S.) to tax corporations and government employees. We agree, considering that they were
3 created under the authority of Corp. U.S.
4 __________________________________________________________________________________________
5 _________
6 1913: Next (also 1913) Corp. U.S., through Congress, adopts (as if ratified) its 17th amendment. This amendment
7 is not only not ratified, it is not constitutional; the nation's Constitution forbids Congress from even discussing the
8 matter of where Senators are elected, which is the subject matter of this amendment; therefore they cannot pass
9 such and Act and then of their own volition, order it entered as ratified. According to the United States Supreme
10 Court, for Congress to propose such an amendment they would first have to pass an amendment that gave them
11 the authority to discuss the matter.
12 __________________________________________________________________________________________
13 _________
14 1914: Accordingly, in 1914, the Freshman class and all Senators that successfully ran for reelection in 1913 by
15 popular vote were seated in Corp. U.S. Senate capacity only; their respective seats from their States remained
16 vacant because neither the State Senates nor the State Governors appointed new Senators to replace them as is
17 still required by the national Constitution for placement of a national Senator.
18 __________________________________________________________________________________________
19 _________
20 1916: In 1916, President Wilson is reelected by the Electoral College but their election is required to be confirmed
21 by the constitutionally set Senate; where the new Corp. U.S. only Senators were allowed to participate in the
22 Electoral College vote confirmation the only authority that could possibly have been used for electoral
23 confirmation was corporate only. Therefore, President Wilson was not confirmed into office for his second term
24 as President of the United States of America and was only seated in the Corp. U.S. Presidential capacity. Therefore
25 the original jurisdiction government's seats were vacated because the people didn't seat any original jurisdiction
26 government officers. It is important to note here that President Wilson retained his capacity as Commander in
27 Chief of the military. Many people wonder about this fact imagining that such a capacity is bound to the President
28 of the nation; however, When John Adams was President he assigned George Washington to the capacity of
29 Commander in Chief of the military in preparation for an impending war with France. During this period, Mr.
30 Adams became quite concerned because Mr. Washington became quite Ill. and passed on his acting military
31 authority through his lead General Mr. Hamilton and Mr. Adams was concerned that if war did break out Mr.
32 Hamilton would use that authority to create a military dictatorship of the nation. Mr. Adams averted the war
33 through diplomacy and the title of Commander in Chief was returned to him. (See: John Adams, by David
34 McCullough, this book covers Mr. Adams concerns over this matter quite well. Mr. Adams was a fascinating
35 man.)
36 __________________________________________________________________________________________
37 _________
38 1917: In 1917, Corp. U.S. enters W.W. I and passes their Trading with the Enemies Act, 40 Stat. 411.
39 “. . .any person within the United States or any place subject to the jurisdiction thereof”!!!
40 [Trading with the Enemy Act, 40 Stat. 411]
41 The term “subject to the jurisdiction thereof” above was the Territorial United States or the federal zone and did
42 not include any state of the Union, but the People were not told this.
3 1933: March 6. In 1933, Corp. U.S. is bankrupt. Franklin Delano Roosevelt then declared a banking holiday on
4 March 6, 1933 via Presidential Proclamation 2039. The purpose was to exchange money backed Federal Reserve
5 Notes with “legal tender” Federal Reserve Notes.
6 1933: March 9: The Emergency Banking Relief Act, 48 Stat. 1, enacted March 9, 1933 amends the Trading with
7 the Enemies Act to recognize the people of the United States as enemies of Corp. U.S. Following is the original
8 October 6, 1917 combined with the Amendments of March 9, 1933. Note: Bold faced and single underlines are
9 added by the author for emphasis and understanding. Double underlines and strike-through deletions are
10 Amendments to the original “Trading With the Enemy Act” made in the Emergency Banking Relief Act of March
11 9, 1933.
12 SIXTY FIFTH CONGRESS Sess. I Chapter 106, Page 411, October 6, 1917
13 CHAP 106—An Act To define, regulate, and punish trading with the enemy, and for other purposes.
14 Be it enacted by the Senate and House of Representatives of the United States of America in Congress
15 assembled, that this Act shall be known as the “Trading With the Enemy Act.”
16 SEC. 2. That the word “enemy” as used herein shall be deemed to mean, for the purposes of such trading and
17 of this Act—
18 (a) Any individual, partnership, or other party of individuals, or any nationality, resident within the territory
19 (including that occupied by the military and naval forces of any nation with which the United States is at war or
20 resident outside the United States and doing business within such territory and any corporation incorporated
21 within any country other than the United States and doing business with such [enemy] territory, and any
22 corporation incorporated within such territory with which the United States is at war or incorporated within any
23 country other than the United States.
24 (b) The government of any nation with which the United States is at war, or any political or municipal subdivision
25 thereof.
26 (c ) Such other individuals or body or class of individuals, as may be natives, citizens, or subjects of any nation
27 with which the United States is at war, other than citizens of the United States, wherever resident or wherever
28 doing business, as the President, if he shall find the safety of the United States or the successful prosecution of
29 the war shall so require may, by proclamation, include within the term enemy”
30 [this section then continues to define an “ally of an enemy” in the same terms as the “enemy” and again states,
31 “other than citizens of the United States,”]
32 Public Laws of the Seventy-Third Congress, Chapter 1, Title I, March 9, 1933 Sec. 2
33 Subdivision (b) of Section 5 of the Act of October 6, 1917 (40 Stat. L. 411), as amended, is hereby amended to
34 read as follows:
35 SEC. 5(b) “During time of war or during any other period of national emergency declared by the President, the
36 President may through any agency that he may designate, or otherwise, investigate, regulate, or prohibit, under
37 such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions of foreign
38 exchange, export or earmarkings of gold or silver coin or bullion or currency, transfers of credits in any form
39 (other than credits relating solely to transactions to be executed wholly within the United States) between or
40 payments by banking institutions as defined by the President, and export, hoarding melting, or earmarking of
41 gold or silver coin or bullion or currency by any person within the United States or any place subject to the
42 jurisdiction thereof; and transfers of evidences of indebtedness or of ownership of property between the United
43 States and any foreign country, whether enemy, ally of enemy or otherwise, or between residents of one or and
44 he the President may require any such person engaged in any such transaction referred to in this subdivision to
45 furnish under oath, complete information relative thereto, including the production of any books of account,
46 contracts, letters or other papers, in connection therewith in the custody or control of such person, either before
47 or after such transaction is completed. Whoever willfully violates any of the provisions of this subdivision or
48 of any license, order, rule or regulation issued thereunder, shall, upon conviction be fined not more than
49 $10,000, or, if a natural person, may be imprisoned for not more than ten years, or both;’…”
3 “Treason against the United States shall consist only of levying war against them, or adhering to their
4 enemies…”
5 After gold was outlawed, Fort Knox was established in Kentucky and nine railroad cars full of gold arrived in Fort
6 Knox containing all the gold that had been confiscated.
7 __________________________________________________________________________________________
8 _________
9 1935+: Some time after 1935, you ask Social Security Administration for a relationship with their program. With
10 the express purpose of generating Beneficiary funds to United States General Trust Fund (GTF) the Social Security
11 Administration creates an entity with a name (that sounds like your name but is spelled with all capital letters) and
12 an account number (Social Security number). They give you the Social Security card and let you know that the
13 card does not belong to you but you are to hold it for them until they want it back. If you are willing to accept
14 that responsibility over the card you activate the card by signing it, which gives you the ability to act as the
15 fiduciary for the card’s actual owner Corp. U.S. and you can use the card’s name and number to thus transact
16 business relations for the card’s actual owner. You are also to note that though the card verifies its agency (you
17 as the single person with authority to control the entity so created) it is not for use as identification. On review:
18 notice the Social Security Administration was the creator of the entity, they offered you the opportunity to serve
19 its Trustee capacity (by lending it actual consciousness and physical capacity), they gave you something (the card)
20 that does not belong to you to hold in trust and they reserved the actual owner of the thing (Corp. U.S.) as the
21 beneficiary of the entity—by definition, this only describes the creation and existence of a Trust. More
22 importantly: the name they gave this Trust is not your name, the number they gave the Trust is not your number
23 and your lending actual consciousness and physical capacity to this Trust’s Trustee capacity does not limit you or
24 your capacity to separately act in your natural sovereign capacity in any way—what you do, when you do it and
25 how you do it is still totally up to you.
26 __________________________________________________________________________________________
27 _________
28 1944 and 1945: Under the Bretton Woods Agreement, Corp. U.S. is quit claimed to the International Monetary
29 Fund, and becomes a foreign controlled private corporation. The Bretton Woods Agreements of 1944 and 1945
30 established the International Bank for Reconstruction and Development (a.k.a. the World Bank) and the
31 International Monetary Fund. The United Nations Monetary and Financial Conference was held in July 1944 at
32 Bretton Woods, New Hampshire. The organizations became operational in 1946 after a sufficient number of
33 countries had ratified the agreement. The architecture of a post-World War II international financial system has
34 largely stayed in place, despite major shifts in monetary policy (including eliminating the gold standard).
35 This is an International Agreement [Treaty] which by the Constitution had to be signed by the President and then
36 ratified by 2/3rds of the Senate. So this obviously was not done under the treaty power. Therefore the "United
37 States" in this statute could not have been the government but must be the 1871 corporation known as the “District
38 of Columbia” with the “United States Government” reorganized under it in 1878.
5 Hidden Agenda: U.S. Inc. is quit-claimed into the newly formed International Monetary Fund in exchange for
6 the power allowing U.S. Inc.’s President the right of naming (seating and controlling) the governors and general
7 managers of the International Monetary Fund, The World Bank for Reconstruction and Development, and the
8 Inter-American Bank also formed in that agreement (codified at United States Code Title 22 § 286). It must be
9 noted that this act created an unlawful conflict of interest between US Inc. (with its new foreign owner) and its
10 purpose of carrying out the business needs of the national government. This is the cause of our use of the term
11 “original-jurisdiction” government. With the new foreign owner of U.S. Inc. a conflict of interest is created
12 between the national government and U.S. Inc., even though the contracted purpose of U.S. Inc. has not changed
13 on its face
14 __________________________________________________________________________________________
15 _________
16 1968: In 1968, at the National Governor's Conference in Lexington, Kentucky, the IMF leaders of the event
17 proposed the dilemma the State governors were in for carrying out their business dealings in Federal Reserve
18 Notes (foreign notes), which is forbidden in the national and State constitutions, alleging that if they did not do
19 something to protect themselves the people would discover what had been done with their money and would likely
20 to kill them all and start over. They suggested the States form corporations like Corp. U.S. and showed the
21 advantages of the resultant uniform codes that could be created, which would allow better and more powerful
22 control over the people, which thing the original jurisdiction governments of this nation had no capacity to do.
23 Our Constitutions secure that the governments do not govern the people rather they govern themselves in accord
24 with the limits of Law. The people govern themselves. Such is the foundational nature of our Constitutional
25 Republic.
26 __________________________________________________________________________________________
27 _________
28 1971: By 1971, every State government in the union of States had formed such private corporations (Corp. State),
29 in accord with the IMF admonition, and the people ceased to seat original jurisdiction government officials in
30 their State government seats. These private corporations are called “State of ______” instead of “___________
31 Republic” within corporate registries such as Dunn and Bradstreet.
32 __________________________________________________________________________________________
33 _________
34 1971: Proclamation #4074 was issued by President Nixon, which dismantled the Bretton Woods agreement and
35 devalues the dollar by announcing the U.S. currency no longer redeemable to foreign countries at a fixed Gold
36 price of $35 an ounce. Now the U.S. currency will float. So the Dollar is allowed to “float” which means the
37 Dollar is allowed to assume a somewhat free market value (except for Federal Reserve Bank manipulations). This
38 makes Federal Reserve Notes the de facto fiat currency and allows them to act essentially as corporate script for
39 the federal slave plantation. In that capacity, they act essentially as a political commodity and a “permission slip”
40 to conduct commerce as a government “public officer”.
41 Get it into your brain the U.S. currency “floats” in value. It is only the international money system that has
42 conditioned people to think that the dollar is fixed and commodity constantly change prices. You have fallen into
43 the monetary game/trap the Bankers want you to live and work within. Free your mind from the mental
44 programming you have received! Understand commodities are “real” substance. Gold represents “true” monetary
45 value/substance. Federal Reserve Notes are valueless pieces of printed paper used for daily commercial exchange
Corporatization and Privatization of the Government 243 of 319
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1 purposes, they have zero “true” value. Granted any one commodity does change value from the supply and
2 demand market forces but the total overall commodity index is relatively stable in value over long periods of time
3 and it is really the Dollar/FRN’s that goes up and down in value.
4 After this Proclamation on Aug 15, 1971; Gold prices over the following ten years go from $35 per ounce to over
5 $600 per ounce [Gold price chart]. Remember to correct your thinking process: Gold is a stable value and the
6 Dollar “floats”. What this means is the artificial government fixed value of the Dollar underwent a 10 year free
7 market correction to end up at less than 1/10th the original value. U.S. Currency made a huge Free Market
8 devaluation of over 1,000% in ten years. This ten year free fall drop in Dollar value was seen in the U.S. has
9 double digit inflation.
10 So when people say gold went up today, all they are saying is that the federal reserve note became more worthless
11 than it was yesterday because you now need more paper to buy what you bought yesterday. That is how they put
12 more debt, their notes, in service. Now you have to work a longer time to obtain more paper to buy that same
13 ounce of gold.
14 Here is a brief recap of when our “substance” was stolen from “We the People”. In 1810 the Dollar was fixed at
15 a Gold price of $20.67 per ounce so One Dollar was worth 25.8 grains of Gold. In 1934 President Franklin
16 Roosevelt changed the Dollar to a fixed Gold Price of $35 per ounce so One Dollar was worth 13.7 grains of Gold.
17 After President Nixon allows the Dollar to float a Gold price of $340 per ounce really means One Dollar was
18 worth only 0.7 grains of Gold. Understand that with Gold priced at $340 per ounce our “Dollar” is worth only
19 2% of what it was worth before 1933 (now gold is over $400 per ounce and climbing). Is it any wonder that $100
20 dollars does not buy much anymore? What has happened is when the bankers removed the gold backing to make
21 way for their private paper notes, they stole the gold from “We the People” who had the rightful claim to the actual
22 physical Gold backing the Dollar. The Bankers have inflated the currency or amount of paper money needed to
23 obtain the same weight of Gold. They made the people think that gold went up but the reality it was their paper
24 money that became more worthless over time. Remember that one ounce of gold remained the same but you
25 needed more paper to obtain the same weight in Gold which means your “value” is constant disappearing. For
26 further details on the money scam, see:
27 __________________________________________________________________________________________
28 _________
29 Now, having stated these historical facts, we ask you not to believe us, but rather prove these facts for yourself.
30 We then ask you to contact us and share your discovery with us.
31 When you find there is no error in this historical outline, then remember these simple facts and let no one dissuade
32 you from the truth.
33 The Bottom Line: when you speak about these private foreign corporations remember that is what they are and
34 stop calling them government.
35 Further, it is very important that we cease to attempt to fix them. It is far more important that we learn how to
36 reseat our original jurisdiction government and spread the word about the truth. By reseating our State and
37 national governments in their original jurisdiction nature, we gain the capacity to hold these private foreign
38 corporations accountable. They owe us a lot of money; in fact they owe us more money than there is available in
39 the world. In fact it is impossible for them to pay and that gives us the leverage we need to take back our nation
40 and put things right. The process is a simple one. The difficulty is in getting our people to wake up to the truth.
41 That's why we ask you to prove the truth for yourself and contact us with your discovery.
5 It's time to wake up and follow the truth, time to repent and become a moral and honorable society instead of
6 lauding our Piety while we stand guilty of:
11 The biggest problem with those who get all excited about uniting against the tyranny of Corp. U.S. is that they are
12 blind to the truth, having no remedy, so they bail out of "the system" hell bent for a rebellion that even the scripture
13 says cannot be won with conventional weapons of war. We wish that more people would instead follow the
14 admonition of the King of Kings and unite with truth to legally, lawfully and peacefully reseat our original
15 jurisdiction government thereby taking back the control of our nation in accord with the organic law.
17 Furthermore, under the Articles of Confederation, the term "United States of America" is the "stile" or phrase that
18 was used to *describe* the Union formed legally by those Articles:
19 Articles of Confederation and perpetual Union between the States of New Hampshire, Massachusetts bay, Rhode
20 Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,
21 Virginia, North Carolina, South Carolina and* *Georgia.
22 Article I. The Stile of this Confederacy shall be "The United States of America."
23 Article II. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right,
24 which is not by this Confederation expressly delegated to the United States, in Congress assembled.”
26 When they came together the first time to form a Union of several (plural) States, they decided to call themselves
27 the "United States of America".
28 Note also that those Articles clearly distinguished "United States of America" from "United States" in Congress
29 assembled. The States formally delegated certain powers to the federal government, which is clearly identified in
30 those Articles as the "United States".
38 2. The territory of which these states are composed was at one time dependent generally on the crown of Great
39 Britain, though governed by the local legislatures of the country. It is not within the plan of this work to give a
40 history of the colonies; on this subject the reader is referred to Kent's Com. sect. 10; Story on the Constitution,
41 Book 1; 8 Wheat. Rep. 543; Marshall, Hist. Colon.
12 4. The state of alarm and danger in which the colonies then stood induced the formation of a second congress.
13 The delegates, representing all the states, met in May, 1775. This congress put the country in a state of defence,
14 and made provisions for carrying on the war with the mother country; and for the internal regulations of which
15 they were then in need; and on the fourth day of July, 1776, adopted and issued the Declaration of Independence.
16 (q.v.) The articles of confederation, (q.v.) adopted on the first day of March, 1781, 1 Story on the Const. Sec. 225;
17 1 Kent's Comm. 211, continued in force until the first Wednesday in March, 1789, when the present constitution
18 was adopted. 5 Wheat. 420.
19 5. The United States of America are a corporation endowed with the capacity to sue and be sued, to convey and
20 receive property. 1 Marsh. Dec. 177, 181. But it is proper to observe that no suit can be brought against the
21 United States without authority of law.
22 6. The states, individually, retain all the powers which they possessed at the formation of the constitution, and
23 which have not been given to congress. (q.v.)
24 7. Besides the states which are above enumerated, there are various territories, (q.v.) which are a species of
25 dependencies of the United States. New states may be admitted by congress into this union; but no new state shall
26 be formed or erected within the jurisdiction of any other state, nor any state be formed by the junction of two or
27 more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of
28 congress. Const. art. 4, s. 3. And the United States shall guaranty to every state in this union, a republican form
29 of government. Id. art. 4, s. 4. See the names of the several states; and Constitution of the United States.
31 Note that the plural verb "are" was used, providing further evidence that the "United States of America" *are*
32 plural, as implied by the plural term "States". Also, the author of that definition switches to "United States" in the
33 second sentence. This only adds to the confusion, because the term "United States" has three (3) different legal
34 meanings.
36 In examining legislative history, an “organic act” is one that establishes a government for a territory. The District
37 of Columbia is one such territory.
38 Organic Act - An act of Congress conferring powers of government upon a territory. In re Lane, 135 U.S. 443,
39 10 S.Ct. 760, 34 L.Ed. 219.
40 A statute by which a municipal corporation is organized and created is its "organic act" and the limit of its power,
41 so that all acts beyond the scope of the powers there granted are void. Tharp v. Blake, Tex.Civ.App., 171 S.W.
42 549, 550.
43 ORGANIC LAW. The fundamental law, or constitution, of a state or nation, written or unwritten; that law or
44 system of laws or principles which defines and establishes the organization of its government. St. Louis v. Dorr,
45 145 Mo. 466, 46 S.W. 976, 42 L.R.A. 686, 68 Am.St.Rep. 575.
47 The “District of Columbia” was created as a municipal corporation by the District of Columbia Act of 1871, 16
48 Stat. 419, 426, Sec. 34. The relevant portions of that act read as follows:
49 CHAP. LXII. – An Act to provide a Government for the District of Columbia
9 We are not here going to delve into the Act in its entirety, suffice it to say, looking over the situation we find the
10 Act is one made by the original jurisdiction Congress, set by the Constitution for the United States of America.
11 The first thing we notice is that the act created “a body corporate for municipal purposes”, and NOT a “body
12 corporate AND politic”. This subtle distinction is important, because a “body politic and corporate” is a de
13 jure government, while a “body corporate” with the phrase “politic” removed is simply a private
14 corporation that is NOT a “government”. The U.S. Supreme Court confirmed this conclusion when it held the
15 following:
16 Both before and after the time when the Dictionary Act and § 1983 were passed, the phrase “bodies politic and
17 corporate” was understood to include the [governments of the] States. See, e.g., J. Bouvier, 1 A Law Dictionary
18 Adapted to the Constitution and Laws of the United States of America 185 (11th ed. 1866); W. Shumaker & G.
19 Longsdorf, Cyclopedic Dictionary of Law 104 (1901); Chisholm v. Georgia, 2 U.S. (2 Dall.) 419, 447, 1 L.Ed.
20 440 (1793) (Iredell, J.); id., at 468 (Cushing, J.); Cotton v. United States, 52 U.S. (11 How.) 229, 231, 13 L.Ed.
21 675 (1851) (“Every sovereign State is of necessity a body politic, or artificial person”); Poindexter v. Greenhow,
22 114 U.S. 270, 288, 5 S.Ct. 903, 29 L.Ed. 185 (1885); McPherson v. Blacker, 146 U.S. 1, 24, 13 S.Ct. 3, 6, 36
23 L.Ed. 869 (1892); Heim v. McCall, 239 U.S. 175, 188, 36 S.Ct. 78, 82, 60 L.Ed. 206 (1915). See also United
24 States v. Maurice, 2 Brock. 96, 109, 26 F.Cas. 1211 (CC Va.1823) (Marshall, C.J.) (“The United States is a
25 government, and, consequently, a body politic and corporate”); Van Brocklin v. Tennessee, 117 U.S. 151, 154,
26 6 S.Ct. 670, 672, 29 L.Ed. 845 (1886) (same). Indeed, the very legislators who passed § 1 referred to States in
27 these terms. See, e.g., Cong. Globe, 42d Cong., 1st Sess., 661-662 (1871) (Sen. Vickers) (“What is a State? Is *79
28 it not a body politic and corporate?”); id., at 696 (Sen. Edmunds) (“A State is a corporation”).
29 The reason why States are “bodies politic and corporate” is simple: just as a corporation is an entity that can
30 act only through its agents, “[t]he State is a political corporate body, can act only through agents, and can
31 command only by laws.” Poindexter v. Greenhow, supra, 114 U.S., at 288, 5 S.Ct. at 912-913. See also Black’s
32 Law Dictionary 159 (5th ed. 1979) (“[B]ody politic or corporate”: “A social compact by which the whole people
33 covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for
34 the common good”). As a “body politic and corporate,” a State falls squarely within the Dictionary Act's
35 definition of a “person.”
36 While it is certainly true that the phrase “bodies politic and corporate” referred to private and public
37 corporations, see ante, at 2311, and n. 9, this fact does not draw into question the conclusion that this phrase
38 also applied to the States. Phrases may, of course, have multiple referents. Indeed, each and every dictionary
39 cited by the Court accords a broader realm-one **2317 that comfortably, and in most cases explicitly, includes
40 the sovereign-to this phrase than the Court gives it today. See 1B. Abbott, Dictionary of Terms and Phrases Used
41 in American or English Jurisprudence 155 (1879) (“[T]he term body politic is often used in a general way, as
42 meaning the state or the sovereign power, or the city government, without implying any distinct express
43 incorporation”); W. Anderson, A Dictionary of Law 127 (1893) (“[B]ody politic”: “The governmental, sovereign
44 power: a city or a State”); Black’s Law Dictionary 143 (1891) (“[B]ody politic”: “It is often used, in a rather
45 loose way, to designate the state or nation or sovereign power, or the government of a county or municipality,
46 without distinctly connoting any express and individual corporate charter”); 1A. Burrill, A Law Dictionary and
47 Glossary 212 (2d ed. 1871) (“[B]ody politic”: “A body to take in succession, framed by policy”;
48 “[p]articularly*80 applied, in the old books, to a Corporation sole”); id., at 383 (“Corporation sole” includes
49 the sovereign in England).
50 [Will v. Michigan Dept. of State Police, 491 U.S. 58, 109 S.Ct. 2304 (U.S.Mich.,1989)]
51 Note also the following language, which establishes that even PRIVATE corporations can truthfully be described
52 as BOTH “bodies corporate and bodies politic”.
53 “While it is certainly true that the phrase “bodies politic and corporate” referred to private and public
54 corporations, see ante, at 2311, and n. 9,”
55 Hence, calling a creation by Congress a “government” doesn’t MAKE it a “body politic”, a PUBLIC entity, or a
56 de jure government. A “body politic” at least needs to REPRESENT the people it serves, and the District of
57 Columbia corporation doesn’t do this. Rather, as a federal territory, it is organized more akin to a British Crown
58 colony than a republican state of America:
Corporatization and Privatization of the Government 247 of 319
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Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 “Indeed, the practical interpretation put by Congress upon the Constitution has been long continued and uniform
2 to the effect [182 U.S. 244, 279] that the Constitution is applicable to territories acquired by purchase or
3 conquest, only when and so far as Congress shall so direct. Notwithstanding its duty to 'guarantee to every
4 state in this Union a republican form of government' (art. 4, 4), by which we understand, according to the
5 definition of Webster, 'a government in which the supreme power resides in the whole body of the people, and
6 is exercised by representatives elected by them,' Congress did not hesitate, in the original organization of the
7 territories of Louisiana, Florida, the Northwest Territory, and its subdivisions of Ohio, Indiana, Michigan,
8 Illinois, and Wisconsin and still more recently in the case of Alaska, to establish a form of government bearing
9 a much greater analogy to a British Crown colony than a republican state of America, and to vest the legislative
10 power either in a governor and council, or a governor and judges, to be appointed by the President. It was not
11 until they had attained a certain population that power was given them to organize a legislature by vote of the
12 people. In all these cases, as well as in territories subsequently organized west of the Mississippi, Congress
13 thought it necessary either to extend to Constitution and laws of the United States over them, or to declare that
14 the inhabitants should be entitled to enjoy the right of trial by jury, of bail, and of the privilege of the writ of
15 habeas corpus, as well as other privileges of the bill of rights.”
16 [Downes v. Bidwell, 182 U.S. 244 (1901)]
17 We allege that the District of Columbia is NOT a “body politic” for the people who live there, because they have
18 no representation in Congress like all the other Constitutional States. The fact that the act creating it as a
19 corporation also called it a “government” STILL doesn’t make it anything more than a PRIVATE municipal
20 corporation because said act NEVER expressly identified it as a PUBLIC corporation nor called it a “body politic”.
21 The U.S. Supreme Court also held that the formation of a corporation alone does not “confer political power or
22 political character”, which is to say, form a “body politic”. The creation of a “body politic” within any act of
23 Congress therefore requires an express declaration, which declaration is nowhere to be found within the organic
24 act of 1871, 16 Stat. 419, or any subsequent act affecting the District of Columbia:
25 “The mere creation of a corporation, does not confer political power or political character. So this Court
26 decided in Dartmouth College v. Woodward, already referred to. If I may be allowed to paraphrase the language
27 of the Chief Justice, I would say, a bank incorporated, is no more a State instrument, than a natural person
28 performing the same business would be. If, then, a natural person, engaged in the trade of banking, should
29 contract with the government to receive the public money upon deposit, to transmit it from place to place, without
30 charging for commission or difference of exchange, and to perform, when called upon, the duties of commissioner
31 of loans, would not thereby become a public officer, how is it that this artificial being, created by law for the
32 purpose of being employed by the government for the same purposes, should become a part of the civil government
33 of the country? Is it because its existence, its capacities, its powers, are given by law? because the government
34 has given it power to take and hold property in a particular form, and to employ that property for particular
35 purposes, and in the disposition of it to use a particular name? because the government has sold it a privilege
36 [22 U.S. 738, 774] for a large sum of money, and has bargained with it to do certain things; is it, therefore, a
37 part of the very government with which the contract is made?”
38 [Osborn v. Bank of U.S., 22 U.S. 738 (1824)]
39 The District of Columbia Organic Act of 1871 describes its venue as:
40 “. . .all that part of the territory of the United States included within the limits of the District of Columbia”.
41 The District of Columbia was originally provided for in the Constitution for the United States of America (Sept.
42 17, 1787) at Article 1, Section 8, specifically in the last two clauses. Then, on July 16, 1790, in accord with the
43 provisions of those clauses, the Territory was formed in the District of Columbia Act, 1 Stat. 130, wherein the
44 “ten mile square” territory was permanently created and made the permanent location of the country’s government,
45 that is to say, the “territory” includes the actual government. Under the Act Congress also made the President the
46 civic leader of the local government in all matters in said Territory and the date for transfer of all offices to this
47 new location was then set at the first Monday in December, 1800. You can view this act at the link below:
http://famguardian.org/TaxFreedom/CitesByTopic/DistrictOfColumbia-1Stat130.pdf
48 Then on February 27, 1801, 2 Stat. 103-108, under the second District of Columbia Act, two counties were formed,
49 and their respective officers and district judges were appointed. You can read this act below:
http://famguardian.org/TaxFreedom/CitesByTopic/DistrictOfColumbia-2Stat103-108-18010227.pdf
http://famguardian.org/TaxFreedom/CitesByTopic/DistrictOfColumbia-2Stat115-116.pdf
7 According to the United States Supreme Court those charter acts (first acts) were the official incorporation of the
8 townships of Alexandria, Georgetown, and Washington that formed the District of Columbia as chartered by
9 Congress in accord with the Constitution’s provision. Cohens v. Virginia, 19 U.S. 264 (1821). You can read this
10 case below:
http://famguardian.org/TaxFreedom/CitesByTopic/DistrictOfColumbia-CohensVVirginia-19US164-1821.pdf
11 Nowhere between 1790 and the Organic Act of 1871, however, has the U.S. Supreme Court ever recognized the
12 phrase “District of Columbia” as a corporation by itself. Since 1801, the Supreme Court called the City of
13 Washington “a corporation”, with the right to sue and be sued in Cohens v. Virginia, 19 U.S. 264 (1821). The
14 “District of Columbia”, however, was not officially and separately recognized as a “corporation” by the courts
15 until after the act of 1871. Some people erroneously try to argue the contrary. Below is an example that has no
16 evidentiary support, and the source is identified. Those parts which are in error are underlined:
17 “The United States Supreme Court has repeatedly called this act the “District of Columbia Organic Act” or the
18 “Charter Act of the District” and recognized it as the incorporation of the “municipality” known as the “District
19 of Columbia”. Then on March 3, 1801 a Supplementary Act to that last Act, noted here, added the authority that
20 the Marshals appointed by the respective District Court Judges collectively form a County Commission with the
21 authority to appoint all officers as may be needed in similarity to the respective State officials in the states whence
22 the counties Washington and Alexandria came, those being Maryland and Virginia, respectively.
23 According to the United States Supreme Court those charter acts (first acts) were the official incorporation of the
24 formal municipal government of the District of Columbia as chartered by Congress in accord with the
25 Constitution’s provision. Again, the Supreme Court called that body of government “a corporation”, with the
26 right to sue and be sued. Since 1801 The District of Columbia has been consistently recognized as a “municipal
27 corporation” with its own government.”
28 [Teamlaw Website, Craig Madsen, SOURCE: http://www.teamlaw.org/HistoryOutline.htm;
29 Click on the link “Follow this link to see the effect of the District of Columbia Act of 1871.”]
30 Finally in The Organic Act of 1878, 20 Stat. 102-108, the District of Columbia was made into a municipal
31 corporation.
32 We searched all rulings of the U.S. Supreme Court from the beginning, and there is no mention of the phrase
33 “District of Columbia Organic Act” or “Charter Act of the District of Columbia” or of “incorporation” in reference
34 to the phrase “District of Columbia”. This is simply false. Between 1801 and 1871, the term “corporation” is
35 only used to refer to the cities that are geographically within the District of Columbia, but not to the “District of
36 Columbia” separately as a “corporation”.
37 That sets the basics for the first rule of our Standard for Review, know the parties. What we have presented is
38 sufficient to show the basics of who the parties are as they related to resolving the answer to the question above.
39 We admonish everyone to prove the facts for themselves by their own research.
40 The second rule from our Standard for Review is: “Then you must understand the environmental nature of the
41 relationship.” With that in mind let’s consider the events of the time: the Civil War had recently ended and the
42 country was still under Lincoln’s Conscription Act (Martial Law). Congress had at least three problems they
43 could see no way to directly cure by following the laws of the land: they were out of funds, they had promised 40
44 acres of land to each slave that left the South to fight for the North and they had to reintegrate the south into the
6 The last step of the Standard for Review’s discovery process requires a review of the actual terms of the
7 relationship. Thus, we review the first paragraph of the District of Columbia Organic Act of 1871, which follows:
8 “That all that part of the territory of the United States included within the limits of the District of Columbia be,
9 and the same is hereby, created into a government by the name of the District of Columbia, by which name it is
10 hereby constituted a body corporate for municipal purposes … and exercise all other powers of a municipal
11 corporation”
12 When you consider the historical facts, the only meaning left for the terms given in the opening paragraph of the
13 District of Columbia Organic Act of 1871 (and that which follows) is:
14 1. The “corporation” that was created is not a “body politic AND corporate” but simply a “body corporate”, which means
15 it is not a government within the meaning of the original jurisdiction of the constitution, but simply a private, for-profit
16 corporation.
17 2. The “corporation” was presided over by commissioners appointed by the national government rather than the people
18 domiciled there through a popular election.
19 3. The “corporation” that was created is owned by the “United States”, which like all governments is also a corporation.
20 See 28 U.S.C. §3002(15)(A).
21 "Corporations are also of all grades, and made for varied objects; all governments are corporations, created by
22 usage and common consent, or grants and charters which create a body politic for prescribed purposes; but
23 whether they are private, local or general, in their objects, for the enjoyment of property, or the exercise of
24 power, they are all governed by the same rules of law, as to the construction and the obligation of the
25 instrument by which the incorporation is made. One universal rule of law protects persons and property. It is
26 a fundamental principle of the common law of England, that the term freemen of the kingdom, includes 'all
27 persons,' ecclesiastical and temporal, incorporate, politique or natural; it is a part of their magna charta (2 Inst.
28 4), and is incorporated into our institutions. The persons of the members of corporations are on the same footing
29 of protection as other persons, and their corporate property secured by the same laws which protect that of
30 individuals. 2 Inst. 46-7. 'No man shall be taken,' 'no man shall be disseised,' without due process of law, is a
31 principle taken from magna charta, infused into all our state constitutions, and is made inviolable by the federal
32 government, by the amendments to the constitution."
33 [Proprietors of Charles River Bridge v. Proprietors of Warren Bridge, 36 U.S. 420 (1837)]
34 4. The only “government” created in that Act was the same government any private corporation has within the operation
35 of its own corporate construct and on its own private land. Thus, we call it Corp. U.S. The rules of WalMart, for instance,
36 apply only on its own facilities and so long as notice is given to all who step onto those facilities, then the corporate rules
37 of the landlord apply to all “tenants”.
38 We also note Congress reserved the right, granted them in the Constitution at Article 1, Section 8, Clause 17, to
39 complete dictatorial authority over their Corp. U.S. construct, without regard for its internal operations or officers.
40 Thus, Congress can use it within the ten mile square as they see fit to both govern the municipality as if it were
41 the municipal government and to use it to do things the Constitution did not grant them the privilege of doing.
42 We refer to the “District of Columbia” as a private corporation because at the time of its creation:
43 1. There was no “body politic”. The “government” was populated by commissioners appointed by the President rather than
44 representatives.
45 2. The citizens of the District were not able to elect EVERYONE in the chain of command up to the President. Therefore
46 it was not a “representative democracy”.
47 Later on, the District of Columbia was permitted LIMITED democratic elections, but they were and are still
48 presided over by commissioners appointed by the President rather than their own citizens. Hence, they continue
49 to be a “BODY COPORATE” without a true “BODY POLITIC” and therefore a PRIVATE corporation.
Corporatization and Privatization of the Government 250 of 319
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Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 The U.S. Supreme Court has identified the nature of this private corporation called the “District of Columbia” by
2 identifying it as equivalent to the “national government”. To wit:
3 The argument that congressional powers over the District are not to be exercised outside of its territorial limits
4 also is pressed upon us. But this same contention has long been held by this Court to be untenable.
5 In Cohens [337 U.S. 582 , 601] v. Commonwealth of Virginia, 6 Wheat. 264, 429, Chief Justice Marshall,
6 answering the argument that Congress, when legislating for the District, 'was reduced to a mere local legislature,
7 whose laws could possess no obligation out of the ten miles square,' said 'Congress is not a local legislature, but
8 exercises this particular power, like all its other powers, in its high character, as the legislature of the Union.
9 The American people thought it a necessary power, and they conferred it for their own benefit. Being so conferred
10 it carries with it all those incidental powers which are necessary to its complete and effectual execution.' In
11 O'Donoghue v. United States, 289 U.S. 516, 539 , 746, this Court approved a statement made by Circuit Judge
12 Taft, later Chief Justice of this Court, speaking for himself and Judge (later Mr. Justice) Lurton, that "The object
13 of the grant of exclusive legislation over the district was, therefore, national in the highest sense, and the city
14 organized under the grant became the city, not of a state, not of a district, but of a nation.
15 In the same article which granted the powers of exclusive legislation over its seat of government are conferred
16 all the other great powers which make the nation, including the power to borrow money on the credit of the United
17 States. He would be a strict constructionist, indeed, who should deny to congress the exercise of this latter power
18 in furtherance of that of organizing and maintaining a proper local government at the seat of government. Each
19 is for a national purpose, and the one may be used in aid of the other.' * * *' And, just prior to enactment of the
20 statute now challenged on this ground, the Court of Appeals for the District itself, sitting en banc, and relying on
21 the foregoing authorities, had said that Congress 'possesses full and unlimited jurisdiction to provide for the
22 general welfare' of District citizens 'by any and every act of legislation which it may deem conducive to that
23 end. * * * [337 U.S. 582 , 602] when it legislates for the District, Congress acts as a legislature of national
24 character, exercising complete legislative control as contrasted with the limited power of a state legislature, on
25 the one hand, and as contrasted with the limited sovereignty which Congress exercises within the boundaries of
26 the states, on the other.' Neild v. District of Columbia, 71 App.D.C. 306, 110 F.2d. 246, 250.
27 [National Mut. Ins. Co. of Dist. Of Col. v. Tidewater Transfer Co., 337 U.S. 582 (1949)]
28 It is the private corporation called the “District of Columbia” created by the Act of 1871 that is the same entity
29 which is the subject of the entire Internal Revenue Code, Subtitle A and of the Uniform Commercial Code
30 (U.C.C.). These authorities therefore become essentially “rules and regulations” respecting the territory and other
31 property of the United States” mentioned in Article 4, Section 3, Clause 2 of the Constitution, and which includes
32 the private corporation called the “District of Columbia”. To wit:
33 TITLE 26 > Subtitle F > CHAPTER 79 > Sec. 7701. [Internal Revenue Code]
34 Sec. 7701. - Definitions
35 (a) Definitions
37 The term ''United States'' when used in a geographical sense includes only the [corporate] States and the District
38 of Columbia [also a corporation].
39 (10) State
40 The term ''State'' shall be construed to include the District of Columbia, where such construction is necessary to
41 carry out provisions of this title.
42 __________________________________________________________________________________________
46 The United States [corporation] is located in the District of Columbia [also a corporation].
47 [SOURCE:
48 http://www.law.cornell.edu/ucc/search/display.html?terms=district%20of%20columbia&url=/ucc/9/article9.htm
49 #s9-307]
7 1. The corporation itself is NOT a “public office” by virtue of having been created and chartered by the U.S. government.
8 If the Court adopt this reasoning of one of themselves, the point is decided. The act of incorporation, in the case
9 supposed, does neither create a public office, nor a public corporation. The association, notwithstanding their
10 charter, remain a private association, the proprietors and conductors of a private trade, bound by contract, for
11 a consideration paid, to perform certain employments for the government.”
12 [. . .]
13 The appellants rely greatly on the distinction between the Bank and the public institutions, such as the mint or
14 the post office. The agents in those offices are, it is said, officers of government, and are excluded from a seat in
15 Congress. Not so the directors of the Bank. The connexion of the government with the Bank, is likened to that
16 with contractors.
17 It will not be contended, that the directors, or *867 other officers of the Bank, are officers of government. But
18 it is contended, that, were their resemblance to contractors more perfect than it is, the right of the State to control
19 its operations, if those operations be necessary to its character, as a machine employed by the government, cannot
20 be maintained. Can a contractor for supplying a military post with provisions, be restrained from making
21 purchases within any State, or from transporting the provisions to the place at which the troops were stationed?
22 or could he be fined or taxed for doing so? We have not yet heard these questions answered in the affirmative. It
23 is true, that the property of the contractor may be taxed, as the property of other citizens; and so may the local
24 property of the Bank. But we do not admit that the act of purchasing, or of conveying the articles purchased, can
25 be under State control.
26 [Osborn v. Bank of U.S., 22 U.S. 738, 771-772 (1824)]
27 2. The corporation has no political power or political character, and therefore is NOT a “body politic”:
28 “The mere creation of a corporation, does not confer political power or political character. So this Court decided
29 in Dartmouth College v. Woodward, already referred to. If I may be allowed to paraphrase the language of the
30 Chief Justice, I would say, a bank incorporated, is no more a State instrument, than a natural person performing
31 the same business would be.”
32 [Osborn v. Bank of U.S., 22 U.S. 738, 773 (1824)]
34 “A stamp duty is one mode of collecting revenue from individuals engaged in private trade, but it is not the only
35 mode. The principle which exempts the Bank of the United States from the payment of a stamp duty imposed
36 by a State, is supposed to exempt it from the payment of any tax assessed by State authority. It is deemed an
37 incident attached to the charter, because that charter is conferred by the supreme authority. It is said, that if
38 any other than the supreme authority that confers the faculty, is permitted to tax the trade or business to be
39 carried on under it, the faculty itself may be rendered useless, and the object of granting it entirely defeated.
40 The power to confer the faculty, and the power to tax the business, if vested in different hands, are thus held
41 to be incompatible, and from this incompatibility the exemption is deemed a necessary incident to the charter,
42 because, without it, it cannot exist. For we must here repeat, that this Court have said, that a corporation
43 ‘possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental
44 to its very existence.'FN5”
45 [Osborn v. Bank of U.S., 22 U.S. 738, 778-779 (1824)]
46 4. Any disputes between it and persons domiciled within the state it is located within must litigated consistent with the
47 charter of the corporation. In the case of the Bank of the United States, the charter granted authority to the federal courts
48 and therefore the suit was conducted in the federal courts:
49 “It is competent for Congress to determine what Court shall have jurisdiction in this class of cases, which it has
50 done as to the Bank, by giving it, the right of suing in the Circuit Courts of the Union.”
51 [. . .]
4 Below is a summary of the history of the District of Columbia from NARPAC Website:
22 Source: http://www.narpac.org/ITXDCHIS.HTM
24 To make matters worse and to propagate more confusion, the entity "UNITED STATES OF AMERICA"
25 incorporated twice in the State of Delaware:
26 http://www.supremelaw.org/cc/usa.inc
27 http://www.supremelaw.org/cc/usa.corp
29 Pay attention to what was said in that definition of “United States of America” in Bouvier’s Law Dictionary:
30 "no suit can be brought against the United States without authority of law".
31 [Bouvier’s Law Dictionary, 1856; SOURCE: http://famguardian.org/Publications/Bouviers/bouvieru.txt]
32 That statement is not only correct. It also provides another important clue. Congress has conferred legal standing
33 on the "United States" to sue and be sued at 28 U.S.C. §1345 and 1346 respectively:
34 TITLE 28 > PART IV > CHAPTER 85 > § 1345
35 § 1345. United States as plaintiff
36 Except as otherwise provided by Act of Congress, the district courts shall have original jurisdiction of all civil
37 actions, suits or proceedings commenced by the United States, or by any agency or officer thereof expressly
38 authorized to sue by Act of Congress.
39 __________________________________________________________________________________________
42 (a)The district courts shall have original jurisdiction, concurrent with the United States Court of Federal Claims,
43 of: . . .
3 The main problem that arises from these questions is that United States* Attorneys are now filing lawsuits and
4 prosecuting criminal INDICTMENTS in the name of the "UNITED STATES OF AMERICA" [*sic*] but without
5 any powers of attorney to do so. Compare 28 U.S.C. §547 (which confers powers of attorney to represent the
6 "United States" and *its* agencies in federal courts):
7 TITLE 28 > PART II > CHAPTER 35 > § 547
8 § 547. Duties
9 Except as otherwise provided by law, each United States attorney, within his district, shall—
11 (2)prosecute or defend, for the Government, all civil actions, suits or proceedings in which the United States is
12 concerned;
13 (3)appear in behalf of the defendants in all civil actions, suits or proceedings pending in his district against
14 collectors, or other officers of the revenue or customs for any act done by them or for the recovery of any money
15 exacted by or paid to these officers, and by them paid into the Treasury;
16 (4)institute and prosecute proceedings for the collection of fines, penalties, and forfeitures incurred for violation
17 of any revenue law, unless satisfied on investigation that justice does not require the proceedings; and
19 They are NOT "United States of America Attorneys", OK? Why? Because:
20 1. They do NOT have any powers of attorney to represent Delaware corporations in federal courts; Congress never
21 appropriated funds for them to do so and Congress never conferred any powers of attorney on them to do so either.
22 2. The 50 States are already adequately represented by their respective State Attorneys General; therefore, U.S. Attorneys
23 have no powers of attorney to represent any of the 50 States of the Union, or any of *their* agencies, either.
25 Accordingly, it is willful misrepresentation for any U.S. Attorney to attempt to appear in any State or federal court
26 on behalf of the "UNITED STATES OF AMERICA" [*sic*]. And, such misrepresentation is actionable under the
27 McDade Act, 28 U.S.C. §530B:
28 TITLE 28 > PART II > CHAPTER 31 > § 530B
29 § 530B. Ethical standards for attorneys for the Government
30 (a)An attorney for the Government shall be subject to State laws and rules, and local Federal court rules,
31 governing attorneys in each State where such attorney engages in that attorney’s duties, to the same extent and
32 in the same manner as other attorneys in that State.
33 (b)The Attorney General shall make and amend rules of the Department of Justice to assure compliance with this
34 section.
35 (c)As used in this section, the term “attorney for the Government” includes any attorney described in section
36 77.2(a) of part 77 of title 28 of the Code of Federal Regulations and also includes any independent counsel, or
37 employee of such a counsel, appointed under chapter 40.
2 The governments of each state of the Union preside over TWO mutually exclusive and separate jurisdictions,
3 which we summarize below:
4 1. Constitutional State. Land within the exclusive jurisdiction of a constitutional state of the Union fall within this area.
5 2. Statutory State. This area consists of federal areas within the exterior limits of a Constitutional State. These areas are
6 federal territory not protected by the Constitution of the United States or the Bill of Rights and are “instrumentalities” of
7 the federal government. Jurisdiction over these areas is shared with the federal government under the auspices of the
8 following legal authorities:
9 2.1. The Assimilated Crimes Act, 18 U.S.C. §13.
10 2.2. The Rules of Decision Act, 28 U.S.C. §1652. This act prescribes which of the two conflicting laws shall prevail in
11 the case of crimes on federal territory.
12 2.3. 28 U.S.C. §2679(c ), which says that any action against an officer or employee of the United States in which the
13 officer or employee is acting outside their authority shall be prosecuted in a state court.
14 2.4. Agreement on Coordination of Tax Administration (A.C.T.A.) between the state and the Secretary of the Treasury.
15 The situation above in respect to a state is not unlike our national government, which has two mutually exclusive
16 jurisdictions:
17 “It is clear that Congress, as a legislative body, exercise two species of legislative power: the one, limited as to
18 its objects, but extending all over the Union: the other, an absolute, exclusive legislative power over the District
19 of Columbia. The preliminary inquiry in the case now before the Court, is, by virtue of which of these authorities
20 was the law in question passed?”
21 [Cohens v. Virginia, 19 U.S. 264, 6 Wheat. 265; 5 L.Ed. 257 (1821)]
22 “Indeed, the practical interpretation put by Congress upon the Constitution has been long continued and uniform
23 to the effect [182 U.S. 244, 279] that the Constitution is applicable to territories acquired by purchase or
24 conquest, only when and so far as Congress shall so direct. Notwithstanding its duty to 'guarantee to every
25 state in this Union a republican form of government' (art. 4, 4), by which we understand, according to the
26 definition of Webster, 'a government in which the supreme power resides in the whole body of the people, and
27 is exercised by representatives elected by them,' Congress did not hesitate, in the original organization of the
28 territories of Louisiana, Florida, the Northwest Territory, and its subdivisions of Ohio, Indiana, Michigan,
29 Illinois, and Wisconsin and still more recently in the case of Alaska, to establish a form of government bearing
30 a much greater analogy to a British Crown colony than a republican state of America, and to vest the legislative
31 power either in a governor and council, or a governor and judges, to be appointed by the President. It was not
32 until they had attained a certain population that power was given them to organize a legislature by vote of the
33 people. In all these cases, as well as in territories subsequently organized west of the Mississippi, Congress
34 thought it necessary either to extend to Constitution and laws of the United States over them, or to declare that
35 the inhabitants should be entitled to enjoy the right of trial by jury, of bail, and of the privilege of the writ of
36 habeas corpus, as well as other privileges of the bill of rights.”
37 [Downes v. Bidwell, 182 U.S. 244 (1901)]
38 The hard part is figuring out which of the two jurisdictions that any particular state statute applies to. What makes
39 this process difficult are the following complicating factors:
40 1. There is no constitutional requirement that the laws passed by the state legislature must clearly state which of the two
41 jurisdiction they apply to. This was also confirmed in the following exhibit, which is a letter from a United States
42 Congressman:
Congressman Zoe Lofgren Letter, Exhibit #04.003
http://sedm.org/Exhibits/ExhibitIndex.htm
43 2. Crafty state legislators deliberately obfuscate the statutes they write so as to encourage those within the Republic to obey
44 laws that in fact only apply to the Statutory State so as to unlawfully increase their revenues, power, and control.
45 3. Courts of INjustice and the judges who serve in them refuse to acknowledge that most statutes passed by the legislature
46 can only lawfully affect federal areas and persons who consent to be treated as though they inhabit these areas.
47 Within federal law, the Constitutional State is referred to as a “foreign state”. To wit:
87
Adapted from section 4 of SEDM Form #05.031 entitled State Income Taxes.
4 "Generally, the states of the Union sustain toward each other the relationship of independent sovereigns or
5 independent foreign states, except in so far as the United States is paramount as the dominating government, and
6 in so far as the states are bound to recognize the fraternity among sovereignties established by the federal
7 Constitution, as by the provision requiring each state to give full faith and credit to the public acts, records, and
8 judicial proceedings of the other states..."
9 [81A Corpus Juris Secundum (C.J.S.), United States, §29 (2003)]
10 “The United States Government is a foreign corporation with respect to a state.” [N.Y. v. re Merriam 36 N.E.
11 505, 141 N.Y. 479; affirmed 16 S.Ct. 1073; 41 L.Ed. 287] [underlines added]
12 [19 Corpus Juris Secundum (C.J.S.) Legal Encyclopedia, United States, §884]
13 Even the U.S. Supreme Court admits that the Constitutional State are legislatively “foreign states” with respect to
14 the federal government:
15 We have held, upon full consideration, that although under existing statutes a circuit court of the United States
16 has jurisdiction upon habeas corpus to discharge from the custody of state officers or tribunals one restrained of
17 his liberty in violation of the Constitution of the United States, it is not required in every case to exercise its power
18 to that end immediately upon application being made for the writ. 'We cannot suppose,' this court has said, 'that
19 Congress intended to compel those courts, by such means, to draw to themselves, in the first instance, the control
20 of all criminal prosecutions commenced in state courts exercising authority within the same territorial limits,
21 where the accused claims that he is held in custody in violation of the Constitution of the United States. The
22 injunction to hear the case summarily, and thereupon 'to dispose of the party as law and justice require' [R. S.
23 761], does not deprive the court of discretion as to the time and mode in which it will exert the powers conferred
24 upon it. That discretion should be exercised in the light of the relations existing, under our system of government,
25 between the judicial tribunals of the Union and of the states, and in recognition of the fact that the public good
26 requires that those relations be not disturbed by unnecessary conflict between courts equally bound to guard and
27 protect rights secured by the Constitution. When the petitioner is in custody by state authority for an act done
28 or omitted to be done in pursuance of a law of the United States, or of an order, process, or decree of a court
29 or judge thereof; or where, being a subject or citizen of a foreign state, and domiciled therein, he is in custody,
30 under like authority, for an act done or omitted under any alleged right, title, authority, privilege, protection,
31 or exemption claimed under the commission, or order, or sanction of any foreign state, or under color thereof,
32 the validity and effect whereof depend upon the law of nations; in such and like cases of urgency, involving
33 the authority and operations of the general government, or the obligations of this country to, or its relations
34 with, foreign nations, [180 U.S. 499, 502] the courts of the United States have frequently interposed by writs
35 of habeas corpus and discharged prisoners who were held in custody under state authority. So, also, when they
36 are in the custody of a state officer, it may be necessary, by use of the writ, to bring them into a court of the United
37 States to testify as witnesses.' Ex parte Royall, 117 U.S. 241, 250 , 29 S.L.Ed. 868, 871, 6 Sup.Ct.Rep. 734; Ex
38 parte Fonda, 117 U.S. 516, 518 , 29 S.L.Ed. 994, 6 Sup.Ct.Rep. 848; Re Duncan, 139 U.S. 449 , 454, sub nom.
39 Duncan v. McCall, 35 L.Ed. 219, 222, 11 Sup.Ct.Rep. 573; Re Wood, 140 U.S. 278 , 289, Sub nom. Wood v.
40 Bursh, 35 L.Ed. 505, 509, 11 Sup.Ct.Rep. 738; McElvaine v. Brush, 142 U.S. 155, 160 , 35 S.L.Ed. 971, 973, 12
41 Sup.Ct.Rep. 156; Cook v. Hart, 146 U.S. 183, 194 , 36 S.L.Ed. 934, 939, 13 Sup.Ct.Rep. 40; Re Frederich, 149
42 U.S. 70, 75 , 37 S.L.Ed. 653, 656, 13 Sup.Ct.Rep. 793; New York v. Eno, 155 U.S. 89, 96 , 39 S.L.Ed. 80, 83, 15
43 Sup.Ct.Rep. 30; Pepke v. Cronan, 155 U.S. 100 , 39 L.Ed. 84, 15 Sup.Ct.Rep. 34; Re Chapman, 156 U.S. 211,
44 216 , 39 S.L.Ed. 401, 402, 15 Sup.Ct.Rep. 331; Whitten v. Tomlinson, 160 U.S. 231, 242 , 40 S.L.Ed. 406, 412, 16
45 Sup.Ct.Rep. 297; Iasigi v. Van De Carr, 166 U.S. 391, 395 , 41 S.L.Ed. 1045, 1049, 17 Sup.Ct.Rep. 595; Baker
46 v. Grice, 169 U.S. 284, 290 , 42 S.L.Ed. 748, 750, 18 Sup.Ct.Rep. 323; Tinsley v. Anderson, 171 U.S. 101, 105 ,
47 43 S.L.Ed. 91, 96, 18 Sup.Ct.Rep. 805; Fitts v. McGhee, 172 U.S. 516, 533 , 43 S.L.Ed. 535, 543, 19 Sup.Ct.Rep.
48 269; Markuson v. Boucher, 175 U.S. 184 , 44 L.Ed. 124, 20 Sup.Ct.Rep. 76.
49 There are cases that come within the exceptions to the general rule. In Loney's Case, 134 U.S. 372 , 375, sub
50 nom. Thomas v. Loney, 33 L.Ed. 949, 951, 10 Sup.Ct.Rep. 584, 585, it appeared that Loney was held in custody
51 by the state authorities under a charge of perjury committed in giving his deposition as a witness before a notary
52 public in Richmond. Virginia, in the case of a contested election of a member of the House of Representatives of
53 the United States. He was discharged upon a writ of habeas corpus sued out from the circuit court of the United
54 States, this court saying: 'The power of punishing a witness for testifying falsely in a judicial proceeding belongs
55 peculiarly to the government in whose tribunals that proceeding is had. It is essential to the impartial and efficient
56 administration of justice in the tribunals of the nation, that witnesses should be able to testify freely before them,
57 unrestrained by legislation of the state, or by fear of punishment in the state courts. The administration of justice
58 in the national tribunals would be greatly embarrassed and impeded if a witness testifying before a court of the
59 United States, or upon a contested election of a member of Congress, were liable to prosecution and punishment
60 in the courts of the state upon a charge of perjury, preferred by a disappointed suitor or contestant, or instigated
61 by local passion or prejudice.' So, in Ohio v. Thomas, 173 U.S. 276, 284 , 285 S., 43 L.Ed. 699, 702, 19
62 Sup.Ct.Rep. 453, 456, which was the case of the arrest of the acting governor [180 U.S. 499, 503] of the
63 Central Branch of the National Home for Disabled Volunteer Soldiers, at Dayton, Ohio, upon a charge of
64 violating a law of that state, the action of the circuit court of the United States discharging him upon habeas
17 Whenever the Constitutional State accepts a benefit from the federal government, it surrenders its sovereign
18 immunity and acts in the dual capacity of a Statutory State under the following concepts:
19 1. States borrowing money are treated as ordinary private creditors. This includes when they borrow money from the
20 federal government.
21 "What, then, is meant by the doctrine that contracts are made with reference to the taxing power resident in the
22 State, and in subordination to it? Is it meant that when a person lends money to a State, or to a municipal division
23 of the State having the power of taxation, there is in the contract a tacit reservation of a right in the debtor to
24 raise contributions out of the money promised to be paid before payment? That cannot be, because if it could, the
25 contract (in the language of Alexander Hamilton) would 'involve two contradictory things: an obligation to do,
26 and a right not to do; an obligation to pay a certain sum, and a right to retain it in the shape of a tax. It is against
27 the rules, both of law and of reason, to admit by implication in the construction of a contract a principle which
28 goes in destruction of it.' The truth is, States and cities, when they borrow money and contract to repay it with
29 interest, are not acting as sovereignties. They come down to the level of ordinary individuals. Their contracts
30 have the same meaning as that of similar contracts between private persons. Hence, instead of there being in the
31 undertaking of a State or city to pay, a reservation of a sovereign right to withhold payment, the contract should
32 be regarded as an assurance that such a right will not be exercised. A promise to pay, with a reserved right to
33 deny or change the effect of the promise, is an absurdity."
34 [Murray v. City of Charleston, 96 U.S. 432 (1877)]
35 2. States which engage in ordinary private business or contracts implicitly surrender their sovereign immunity.
36 When a State engages in ordinary commercial ventures, it acts like a private person, outside the area of its
37 "core" responsibilities, and in a way unlikely to prove essential to the fulfillment of a basic governmental
38 obligation. A Congress that decides to regulate those state commercial activities rather than to exempt the State
39 likely believes that an exemption, by treating the State differently from identically situated private persons,
40 would threaten the objectives of a federal regulatory program aimed primarily at private conduct. Compare,
41 e.g. , 12 U.S.C. §1841(b) (1994 ed., Supp. III) (exempting state companies from regulations covering federal bank
42 holding companies); 15 U.S.C. §77c(a)(2) (exempting state-issued securities from federal securities laws); and
43 29 U.S.C. §652(5) (exempting States from the definition of "employer[s]" subject to federal occupational safety
44 and health laws), with 11 U.S.C. §106(a) (subjecting States to federal bankruptcy court judgments); 15 U.S.C.
45 §1122(a) (subjecting States to suit for violation of Lanham Act); 17 U.S.C. §511(a) (subjecting States to suit for
46 copyright infringement); 35 U.S.C. §271(h) (subjecting States to suit for patent infringement). And a Congress
47 that includes the State not only within its substantive regulatory rules but also (expressly) within a related system
48 of private remedies likely believes that a remedial exemption would similarly threaten that program. See Florida
49 Prepaid Postsecondary Ed. Expense Bd. v. College Savings Bank, ante , at ___ ( Stevens , J., dissenting). It
50 thereby avoids an enforcement gap which, when allied with the pressures of a competitive marketplace, could
51 place the State's regulated private competitors at a significant disadvantage.
52 These considerations make Congress' need to possess the power to condition entry into the market upon a
53 waiver of sovereign immunity (as "necessary and proper" to the exercise of its commerce power) unusually
54 strong, for to deny Congress that power would deny Congress the power effectively to regulate private conduct.
55 Cf. California v. Taylor , 353 U. S. 553, 566 (1957). At the same time they make a State's need to exercise
56 sovereign immunity unusually weak, for the State is unlikely to have to supply what private firms already supply,
57 nor may it fairly demand special treatment, even to protect the public purse, when it does so. Neither can one
58 easily imagine what the Constitution's founders would have thought about the assertion of sovereign immunity in
59 this special context. These considerations, differing in kind or degree from those that would support a general
60 congressional "abrogation" power, indicate that Parden 's holding is sound, irrespective of this Court's decisions
61 in Seminole Tribe of Fla. v. Florida, 517 U.S. 44 (1996), and Alden v. Maine, ante , p. ___.
62 [College Savings Bank v. Florida Prepaid Postsecondary Education Expense, 527 U.S. 666 (1999)]
4 “The Government urges that the Power Company is estopped to question the validity of the Act creating the
5 Tennessee Valley Authority, and hence that the stockholders, suing in the right of the corporation, cannot [297
6 U.S. 323] maintain this suit. ….. The principle is invoked that one who accepts the benefit of a statute cannot
7 be heard to question its constitutionality. Great Falls Manufacturing Co. v. Attorney General, 124 U.S. 581;
8 Wall v. Parrot Silver & Copper Co., 244 U.S. 407; St. Louis Casting Co. v. Prendergast Construction Co., 260
9 U.S. 469.“
10 [Ashwander v. Tennessee Valley Auth., 297 U.S. 288 (1936)]
11 _______________________________________________________________________________________
12 A nondiscriminatory taxing measure that operates to defray the cost of a federal program by recovering a fair
13 approximation of each beneficiary's share of the cost is surely no more offensive to the constitutional scheme
14 than is either a tax on the income earned by state employees or a tax on a State's sale of bottled water. 18 The
15 National Government's interest in being compensated for its expenditures is only too apparent. More
16 significantly perhaps, such revenue measures by their very nature cannot possess the attributes that led Mr.
17 Chief Justice Marshall to proclaim that the power to tax is the power [435 U.S. 444, 461] to destroy. There is
18 no danger that such measures will not be based on benefits conferred or that they will function as regulatory
19 devices unduly burdening essential state activities. It is, of course, the case that a revenue provision that forces a
20 State to pay its own way when performing an essential function will increase the cost of the state activity. But
21 Graves v. New York ex rel. O'Keefe, and its precursors, see 306 U.S., at 483 and the cases cited in n. 3, teach that
22 an economic burden on traditional state functions without more is not a sufficient basis for sustaining a claim of
23 immunity. Indeed, since the Constitution explicitly requires States to bear similar economic burdens when
24 engaged in essential operations, see U.S. Const., Amdts. 5, 14; Pennsylvania Coal Co. v. Mahon, 260 U.S. 393
25 (1922) (State must pay just compensation when it "takes" private property for a public purpose); U.S. Const., Art.
26 I, 10, cl. 1; United States Trust Co. v. New Jersey, 431 U.S. 1 (1977) (even when burdensome, a State often must
27 comply with the obligations of its contracts), it cannot be seriously contended that federal exactions from the
28 States of their fair share of the cost of specific benefits they receive from federal programs offend the
29 constitutional scheme.
30 Our decisions in analogous context support this conclusion. We have repeatedly held that the Federal
31 Government may impose appropriate conditions on the use of federal property or privileges and may require
32 that state instrumentalities comply with conditions that are reasonably related to the federal interest in
33 particular national projects or programs. See, e. g., Ivanhoe Irrigation Dist. v. McCracken, 357 U.S. 275, 294 -
34 296 (1958); Oklahoma v. Civil Service Comm'n, 330 U.S. 127, 142 -144 (1947); United States v. San Francisco,
35 310 U.S. 16 (1940); cf. National League of Cities v. Usery, 426 U.S. 833, 853 (1976); Fry v. United States, 421
36 U.S. 542 (1975). A requirement that States, like all other users, pay a portion of the costs of the benefits they
37 enjoy from federal programs is surely permissible since it is closely related to the [435 U.S. 444, 462] federal
38 interest in recovering costs from those who benefit and since it effects no greater interference with state
39 sovereignty than do the restrictions which this Court has approved.
40 [Massachusetts v. United States, 435 U.S. 444 (1978)]
41 The Founding Fathers recognized the above dual agency in the Federalist Papers:
42 “It is true, that the Confederacy is to possess, and may exercise, the power of collecting internal as well as
43 external taxes throughout the States; but it is probable that this power will not be resorted to, except for
44 supplemental purposes of revenue; that an option will then be given to the States to supply their quotas by
45 previous collections of their own; and that the eventual collection, under the immediate authority of the Union,
46 will generally be made by the officers, and according to the
47 rules, appointed by the several States. Indeed it is extremely
48 probable, that in other instances, particularly in the
49 organization of the judicial power, the officers of the States will
50 be clothed with the correspondent authority of the Union. “
51 “Should it happen, however, that separate collectors of internal revenue should be appointed under the federal
52 government, the influence of the whole number would not bear a comparison with that of the multitude of State
53 officers in the opposite scale. “
54 “Within every district to which a federal collector would be allotted, there would not be less than thirty or forty,
55 or even more, officers of different descriptions, and many of them persons of character and weight, whose
56 influence would lie on the side of the State. The powers delegated by the proposed Constitution to the federal
57 government are few and defined. Those which are to remain in the State governments are numerous and
58 indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign
10 The Statutory State is the corporate entity and legal “person” that interfaces with, contracts with, and acts as an
11 agent for the federal government in the context of said contracts. All contracts or what the U.S. Supreme Court
12 calls “compacts” create agency on the part of those who consent toward the other parties to the contract.
13 “All the powers of the government [including ALL of its civil enforcement powers against the public] must be
14 carried into operation by individual agency, either through the medium of public officers, or contracts made
15 with [private] individuals.”
16 [Osborn v. Bank of U.S., 22 U.S. 738 (1824)]
17 We allege that it is THIS “individual” who is a corporation is the only proper subject of the federal income tax
18 and every other type of government legislation. This is the same “individual” defined in the I.R.C. below:
19 26 C.F.R. §1.1441-1 Requirement for the deduction and withholding of tax on payments to foreign persons.
20 (c ) Definitions
21 (3) Individual.
23 The term alien individual means an individual who is not a citizen or a national of the United States. See Sec.
24 1.1-1(c).
26 The term nonresident alien individual means a person described in section 7701(b)(1)(B), an alien individual
27 who is a resident of a foreign country under the residence article of an income tax treaty and Sec. 301.7701(b)-
28 7(a)(1) of this chapter, or an alien individual who is a resident of Puerto Rico, Guam, the Commonwealth of
29 Northern Mariana Islands, the U.S. Virgin Islands, or American Samoa as determined under Sec. 301.7701(b)-
30 1(d) of this chapter. An alien individual who has made an election under section 6013 (g) or (h) to be treated as
31 a resident of the United States is nevertheless treated as a nonresident alien individual for purposes of withholding
32 under chapter 3 of the Code and the regulations thereunder.
33 The Statutory State essentially acts as an agency or instrumentality or “public officer” of the U.S. government,
34 assisting in the management and control over federal areas within their borders in the context of all federal benefit
35 programs which they participate in. In that capacity, they implicitly surrender sovereign immunity and agree to
36 accept the supervision of the federal courts in what amounts to their essentially private business concerns with the
37 federal government. In the context of income taxation, this federal “agency” is created by an Agreement on
38 Coordination of Tax Administration (A.C.T.A.) between the state and the federal government, and it represents a
39 delegation of authority by the federal government to allow the state government to enforce their taxes and laws
40 ONLY within the Statutory State and the federal areas within the exterior limits of the state which comprise it.
41 These federal areas qualify as “possessions” of the United States, and therefore “States” within federal law:
42 TITLE 4 > CHAPTER 4 > § 110
43 § 110. Same; definitions
44 (d) The term “State” includes any Territory or possession of the United States.
45 The term “possession” is nowhere defined in the law that we have been able to locate. However, Black’s Law
46 Dictionary indicates that all “rights” or franchises constitute “property”.
10 The word is also commonly used to denote everything which is the subject of ownership; corporeal or incorporeal,
11 tangible or intangible, visible or invisible, real or personal; everything that has an exchangeable value or which
12 goes to make up wealth or estate. It extends to every species of valuable right and interest, and
13 includes real and personal property, easements, franchises, and incorporeal
14 hereditaments, and includes every invasion of one’s property rights by actionable wrong.
15 Labberton v. General Cas. Co. of America, 53 Wash.2d. 180, 332 P.2d. 250, 252, 254.
16 [. . .]
17 Property within constitutional protection, denotes group of rights inhering in citizen’s relation to physical
18 thing, as right to possess, use and dispose of it. Cereghino v. State By and Through State Highway
19 Commission, 230 Or. 439, 370 P.2d. 694, 697.”
20 [Black’s Law Dictionary, Sixth Edition, p. 1216]
21 If franchises are property and the Agreement on Coordination of Tax Administration (A.C.T.A.) creates a
22 franchise, then the collections of rights, privileges, and benefits it conveys to the federal government constitutes
23 “property” and therefore a “possession of the United States” from a legal perspective. Article 4, Section 3, Clause
24 2 of the Constitution is what authorizes the federal courts to regulate the exercise of federal franchises by states.
25 United States Constitution
26 Article 4, Section 3, Clause 2
27 The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory
28 or other Property [including franchises and the benefits they confer] belonging to the United States; and
29 nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any
30 particular State.
31 An example of federal territorial possessions include American Samoa and Swain’s Island, which are mentioned
32 in 48 U.S.C. Chapter 13. Over possessions of the United States, federal legislative jurisdiction is “plenary”,
33 meaning exclusive, except to the extent that they surrender any portion of it through legislation implementing
34 what is called “comity”.
35 “Plenary. Full, entire, complete, absolute, perfect, unqualified. Mashunkashney v. Mashunkashney, 191 Okl.
36 501, 134 P.2d. 976, 979.”
37 [Black’s Law Dictionary, Sixth Edition, p. 1154]
38 All such surrenders of sovereignty over federal areas or possessions are called “comity”:
39 comity. Courtesy; complaisance; respect; a willingness to grant a privilege, not as a matter of right, but out of
40 deference and good will. Recognition that one sovereignty allows within its territory to the legislative, executive,
41 or judicial act of another sovereignty, having due regard to rights of its own citizens. Nowell v. Nowell,
42 Tex.Civ.App., 408 S.W.2d. 550, 553. In general, principle of "comity" is that courts of one state or jurisdiction
43 will give effect to laws and judicial decisions of another state or jurisdiction, not as a matter of obligation, but
44 out of deference and mutual respect. Brown v. Babbitt Ford, Inc., 117 Ariz. 192, 571 P.2d. 689, 695. See also
45 Full faith and credit clause.
46 [Black’s Law Dictionary, Sixth Edition, p. 267]
47 An example of comity in action is the Buck Act, in which Congress authorized “States” as defined in 4 U.S.C.
48 §110(d) to tax federal “public officials” working within federal areas.
49 TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
50 CHAPTER 4 - THE STATES
2 (d) The term ''State'' includes any Territory or possession of the United States.
3 This provision was implemented as an outgrowth of the Public Salary Tax Act of 1939. You can read this act
4 below:
http://famguardian.org/PublishedAuthors/Govt/HistoricalActs/PublSalaryTaxAct1939.htm
5 To wit:
6 TITLE 4 > CHAPTER 4 > § 106
7 § 106. Same; income tax
8 (a) No person shall be relieved from liability for any income tax levied by any State, or by any duly constituted
9 taxing authority therein, having jurisdiction to levy such a tax, by reason of his residing within a Federal area or
10 receiving income from transactions occurring or services performed in such area; and such State or taxing
11 authority shall have full jurisdiction and power to levy and collect such tax in any Federal area within such
12 State to the same extent and with the same effect as though such area was not a Federal area.
13 (b) The provisions of subsection (a) shall be applicable only with respect to income or receipts received after
14 December 31, 1940.
15 The state maintains a “trusteeship” over federal areas within its border and act as the equivalent of a federal
16 “Government corporation”. To wit:
17 TITLE 5 > PART I > CHAPTER 1 > § 103
18 § 103. Government corporation
20 (1) “Government corporation” means a corporation owned or controlled by the Government of the United
21 States; and
22 The “control” referred to above is the authority delegated by the Buck Act, the Public Salary Tax Act of 1939, the
23 Agreement on Coordination of Tax Administration (A.C.T.A.), and the Assimilated Crimes Act, 18 U.S.C. §13.
24 To view the Public Salary Tax Act of 1939, see:
http://famguardian.org/PublishedAuthors/Govt/HistoricalActs/PublSalaryTaxAct1939.htm
25 The subject of taxation of territories and possessions is discussed in the document below:
26 The U.S. Supreme Court has also held that all federal territories are “corporations”, which implies that possessions
27 can just as readily be thought of the same way:
28 At common law, a "corporation" was an "artificial perso[n] endowed with the legal capacity of perpetual
29 succession" consisting either of a single individual (termed a "corporation sole") or of a collection of several
30 individuals (a "corporation aggregate"). 3 H. Stephen, Commentaries on the Laws of England 166, 168 (1st Am.
31 ed. 1845). The sovereign was considered a corporation. See id., at 170; see also 1 W. Blackstone, Commentaries
32 *467. Under the definitions supplied by contemporary law dictionaries, Territories would have been classified
33 as "corporations" (and hence as "persons") at the time that 1983 was enacted and the Dictionary Act
34 recodified. See W. Anderson, A Dictionary of Law 261 (1893) ("All corporations were originally modeled upon
35 a state or nation"); 1 J. Bouvier, A Law Dictionary Adapted to the Constitution and Laws of the United States of
36 America 318-319 (11th ed. 1866) ("In this extensive sense the United States may be termed a corporation"); Van
37 Brocklin v. Tennessee, 117 U.S. 151, 154 (1886) ("`The United States is a . . . great corporation . . . ordained
38 and established by the American people'") (quoting United [495 U.S. 182, 202] States v. Maurice, 26 F.Cas.
39 1211, 1216 (No. 15,747) (CC Va. 1823) (Marshall, C. J.)); Cotton v. United States, 11 How. 229, 231 (1851)
4 We will now end this section by comparing the Constitutional State with the Statutory State to make the content
5 of this section perfectly clear for visually minded readers:
6 Table 11: Comparison of Constitutional State v. Statutory State
# Attribute Constitutional State Statutory State
1 Nature of government De jure De facto
2 Composition Physical state Virtual state
(Attaches to physical territory) (Attaches to status of people on the land)
3 Name “Republic of __________” “State of _____________”
“The State” “this State”
4 Name of this entity in federal law Called a “state” or “foreign state” Called a “State” as defined in 4 U.S.C.
§110(d)
5 Territory over which “sovereign” All land not under exclusive federal Federal territory within the exterior limits
jurisdiction within the exterior borders of of the state borrowed from the federal
the Constitutional state. government under the Buck Act, 4 U.S.C.
§110(d).
6 Protected by the Bill of Rights, which is the Yes No
first ten amendments to the United States (No rights. Only statutory “privileges”,
Constitution? mostly applied for)
7 Form of government Constitutional Republic Legislative totalitarian socialist democracy
8 A corporation? Yes Yes
9 A federal corporation? No Yes
10 Exclusive jurisdiction over its own lands? Yes No. Shared with federal government
pursuant to Buck Act, Assimilated Crimes
Act, 18 U.S.C. §13, and ACTA
Agreement.
11 “Possession” of the United States? No Yes
(sovereign and “foreign” with respect to
national government)
12 Subject to exclusive federal jurisdiction? No Yes
13 Subject to federal income tax? No Yes
14 Subject to state income tax? No Yes
15 Subject to state sales tax? No Yes
16 Subject to national military draft? No Yes
(See SEDM Form #05.030
http://sedm.org/Forms/FormIndex.htm)
17 Citizenship of those domiciled therein 1. Constitutional but not statutory Statutory “U.S. citizen” pursuant to 8
citizen. U.S.C. §1401
2. “national” or “state national”
pursuant to 8 U.S.C. §1101(a)(21) .
Not a statutory “U.S. citizen”
pursuant to 8 U.S.C. §1408.
18 Licenses such as marriage license, driver’s No Yes
license, business license required in this
jurisdiction?
19 Voters called “Electors” “Registered voters”
20 How you declare your domicile in this 1. Describing yourself as a “state 1. Describing yourself as a statutory
jurisdiction national” but not a statutory “U.S. “U.S. citizen” on any state or federal
citizen on all government forms. form.
2. Registering as an “elector” rather 2. Applying for a federal benefit.
than a voter. 3. Applying for and receiving any kind
3. Terminating participation in all of state license.
federal benefit programs.
21 Standing in court to sue for injury to rights Constitution and the common law. Statutory civil law
22 “Rights” within this jurisdiction are based The Bill of Rights Statutory franchises
upon
23 “Citizens”, “residents”, and “inhabitants” of Private human beings Public entities such as government
this jurisdiction are employees, instrumentalities, and
corporations (franchisees of the
government) ONLY
24 Civil jurisdiction originates from Voluntary choice of domicile on the Your right to contract by signing up for
territory of the sovereign AND your government franchises / "benefits".
consent. This means you must be a Domicile/residence is NOT a requirement
2 Dunn and Bradstreet is responsible for keeping records on various publicly traded corporations and businesses.
3 As an experiment, search for your city and county, and see if they are publicly traded corporations. You may be
4 surprised to find that they are. It’s all commercial. Below is one example search of Dunn and Bradstreet records
5 sent to us by a reader that proves that the state bar, the city, and the county where he lives are publicly traded
6 corporations, not governments.
http://smallbusiness.dnb.com/
3 Still think you're free? Still think all you have to do is vote the incumbent out of office and everything will
4 automatically return to 'normal'? It's too late! Protesting, voting, or - laughably - letters to the editor won't change
5 anything! Look at the corporate info I found at the Delaware Secretary of State website at:
https://sos-res.state.de.us/tin/GINameSearch.jsp
6 Here is just a short listing, and there are probably many more in other states that we have not yet found:
7 1. INTERNAL REVENUE TAX AND AUDIT SERVICE (IRS) FOR-PROFIT General Delaware Corporation
8 Incorporation date 7/12/33 File No. 0325720
9 2. FEDERAL RESERVE ASSOCIATION (Federal Reserve) NON-PROFIT Delaware Corporation Incorporation date
10 9/13/14 File No. 0042817
11 3. CENTRAL INTELLIGENCE AUTHORITY INC. (CIA) FOR-PROFIT General Delaware Corporation Incorporation
12 Date 3/9/83 File No. 2004409
13 background info:
14 Transfers: With the National Security Council to the Executive Office of the President by Reorganization Plan
15 No. 4 of 1949, effective August 20, 1949; to independent agency status by EO 12333, December 4, 1981.
16 Central Intelligence Group established under the National Intelligence Authority by Presidential directive,
17 January 22, 1946, to plan and coordinate foreign intelligence activities. By National Intelligence Authority
18 Directive 4, April 2, 1946, NIA assumed supervision of the SSU dissolution during spring and summer 1946,
19 assigning some components to Central Intelligence Group at request of Director of Central Intelligence, and
20 effecting incorporation of the remaining units into other War Department organizations. SSU officially abolished
21 by General Order 16, SSU, October 19, 1946. Central Intelligence Group and National Intelligence Authority
22 abolished by National Security Act, which created the CIA, 1947. SEE 263.1.
23 4. FEDERAL LAND ACQUISITION CORP. FOR-PROFIT General Delaware Corporation Incorporation Date 8/22/80
24 File No. 0897960
25 5. RTC COMMERCIAL ASSETS TRUST 1995-NP3-2 FOR-PROFIT Delaware Statutory Trust Incorporation Date
26 10/24/95 File No. 2554768.
27 6. SOCIAL SECURITY CORP, DEPART. OF HEALTH, EDUCATION AND WELFARE FOR-PROFIT General
28 Delaware Corporation Incorporation date: 11/13/89 File No. 2213135
29 7. UNITED STATES OF AMERICA, INC. NON-PROFIT Delaware Corporation Incorporation Date 4/19/89 File No.
30 2193946
31 Keep in mind - these are just the listings I could find. For example, I tracked down the Bureau of Engraving and
32 Printing - in the state of Texas (foreign corporation in respect to the District of Columbia).
33 This means, as 'citizens,' we are assets of the corporation. It doesn't matter who is in office, the board of directors
34 and the shareholders own and run the country - just as in any other corporation. Roosevelt's quote has an entirely
35 different meaning now:
36 "The real truth of the matter is, as you and I know, that a financial element in the large centers has owned the
37 government of the U.S. since the days of Andrew Jackson."
38 [Franklin D. Roosevelt, Letter written Nov. 21, 1933 to Colonel E. Mandell House]
88
Adapted from: http://famguardian.org/Subjects/Freedom/Articles/CorporatizationOfGovt.htm.
5 Ask anyone you know if they are aware of this. Call your congressman's office and ask them. Why doesn't anyone
6 know? Why isn't this casually mentioned in the news? 'The Board of Directors of the United States of America,
7 Inc., today ruled........' 'The Board of Directors of the Social Security........' 'Today, the Central Intelligence
8 Authority filed as a private for-profit corporation.' Why do those in charge never mention this ? Why, searching
9 on any search engine, doesn't this information come up?
11 Ever wonder why those who fight the IRS are not allowed to bring up their Constitutional Rights in tax court ?
12 Constitutional Rights do not apply in an equity court against a government that is a private corporation all of
13 whose laws are simply work rules for its “employees” and “officer”. Contract law supersedes individual and
14 Constitutional Rights. Corporate law is a totally different animal from common law. Ask any corporate attorney.
15 You've inadvertently signed or consented to franchise agreements with this bastard entity posing as the 'free'
16 United States of America - when you registered to vote, when you applied for a checking account (at a Federal
17 Reserve corp bank - look at your signature card, it states you will comply with all rulings from the Secretary of
18 the Treasury), when you applied for a social security card.....
19 Ever look at the trust corporations (such as the RESOLUTION TRUST CORP (RTC) associated with the UNITED
20 STATES OF AMERICA, INC.?
21 Trust - a fiduciary relationship in which one party holds legal title to another's property for the benefit of a party
22 who holds equitable title to the property.
23 Who holds the equitable title? Ever notice property deeds state 'tenant' when referring to the supposed owner?
24 We are ruled by fictitious entities - corporations are fictions. We have been lied to, our entire lives, that we are
25 free !
26 The United States is owned, lock, stock, and barrel. Each of us as “citizens of the United States” is owned. The
27 question to which I want the answer is: Who owns us ?
28 "The few who understand the system, will either be so interested in its profits, or so dependent on its favors that
29 there will be no opposition from that class, while on the other hand, the great body of people, mentally incapable
30 of comprehending the tremendous advantages...will bear its burden without complaint, and perhaps without
31 suspecting that the system is inimical to their best interests."
32 [Rothschild Brothers of London communiqué to associates in New York June 25, 1863;
33 [SOURCE: http://www.urbansurvival.com/week.htm#corps
34 Another U.S. Corporation - U.S. Treasury. If you didn't follow our contributed piece last week on how major
35 U.S. government agencies are being set up as corporations, you want to be sure to click over to below link and
36 read up. Then, read this from our intrepid researcher:
37 • UNITED STATES TREASURY / U.S. TREASURY, INC. Incorporation Date 02/08/1990 File No. 2221617 For-
38 profit General Delaware Corporation."
2 Some freedom activists cite 28 U.S.C. §3002 as their only “proof” that the “United States” was incorporated by
3 Congress. This is shaky ground unless supported by other additional evidence found elsewhere in this
4 memorandum. Here’s the pertinent text of that statute:
5 TITLE 28 > PART VI > CHAPTER 176 > SUBCHAPTER A > § 3002
6 § 3002. Definitions
8 ...
13 First of all, note well that the stated scope of this definition is limited to “this chapter” i.e. Title 28, *CHAPTER
14 176– Federal Debt Collection Procedures. The above definition is consistent with the Corpus Juris Secundum
15 definition of “United States”, which establishes the “United States” government as a foreign corporation in relation
16 to those domiciled within a constitutional state of the Union:
17 "A foreign corporation is one that derives its existence solely from the laws of another state, government, or
18 country, and the term is used indiscriminately, sometimes in statutes, to designate either a corporation created
19 by or under the laws of another state or a corporation created by or under the laws of a foreign country."
20 "A federal corporation operating within a state is considered a domestic corporation rather than a foreign
21 corporation. The United States government is a foreign corporation with respect to a state."
22 [19 Corpus Juris Secundum (C.J.S.), Corporations, §883 (2003)]
23 Overlooking the limited scope of definitions such as 28 U.S.C. §3002(15)(A) is a very common error among
24 many, if not all self-styled experts. At best, this section cannot be used as the ONLY evidence that the federal
25 government should be treated as a valid corporation for all other intents and purposes.
26 Secondly, the statute at 28 U.S.C. §3002 defines the term “United States” to embrace all existing federal
27 corporations and instrumentalities. This would include wholly owned corporations such as, for instance, the
28 Federal Deposit Insurance Corporation (F.D.I.C.), Red Cross, Fannie Mae, etc.
29 Thirdly, in Eisner v. Macomber, 252 U.S. 189 (1920) the U.S. Supreme Court told Congress that it was barred
30 from re-defining any terms that are used in the federal Constitution.
31 “In order, therefore, that the clauses cited from Article I of the Constitution may have proper force and effect,
32 save only as modified by the [Sixteenth] Amendment, and that the latter also may have proper effect, it becomes
33 essential to distinguish between what is and what is not "income," as the term is there used; and to apply the
34 distinction, as cases arise, according to truth and substance, without regard to form. Congress cannot by any
35 definition it may adopt conclude the matter, since it cannot by legislation alter the Constitution, from which
36 alone it derives its power to legislate, and within whose limitations alone that power can be lawfully exercised.”
37 [Eisner v. Macomber, 252 U.S. 189 (1920)]
38 “United States” occurs in several places within the Constitution, because it is central to the entire purpose of that
39 Constitution. Therefore, the legislative attempt to re-define “United States” at section 3002:
40 1. Must be limited to areas where Congress has EXCLUSIVE legislative jurisdiction, and which are NOT protected by
41 the Constitution. Namely, federal territory.
42 2. Would necessarily be unconstitutional if enforced within a constitutional state of the Union, because it violates the
43 Eisner Prohibition.
5 It is a fundamental violation of proper English grammar to use the term being defined in any definition of that
6 term, and such a violation has clearly happened here. If you don’t yet recognize the tautologies, then change one
7 part of this definition to read:
8 14.11 Hard Evidence of Corporate Takeover at All Levels of Government in America, as Well as
9 of the United Nations: DUNS Numbers within both state and federal governments
10 Dunn & Bradstreet (D&B) DUNS code number are assigned to corporations in America to track their credit
11 ratings. Below you will find the DUNS numbers for the aggregate US government and each of its major agencies,
12 those of the aggregate governments of each US state along with that of its largest city, and those of the aggregate
13 United Nations and some of its major agencies. These corporate code numbers can be verified by using the
14 following link to the D&B website and typing in the required information: http://mycredit.dnb.com/search-for-
15 duns-number/
16 In checking DUNS code numbers for governments, you will find that they have many subsidiaries and shell
17 corporations to lessen financial accountability. You will find that some of them are listed as being in a
18 geographical location other than in their territorial authority, making their operations even more suspicious. The
19 City of Chicago corporation, for example, is located in Washington, DC, the State of Montana Corporation is
20 located in Chicago, Illinois and the State of Maine corporation – listed with seemingly sardonic humor as “State-
21 O-Maine Inc.” – is located in New York City, New York. You will often also see executive, legislative and
22 judicial offices themselves listed as corporations.
23 Manta.com is a website for obtaining data on corporations. If the names of any of these government entities are
24 entered, you will find that virtually all of them are listed as private, for–profit corporations. You will also see in
25 the aggregate valuations of their assets that Manta.com provides is vastly greater than what is listed in these private
26 government corporations’ fraudulent but well-publicized budget documents that seek to justify draconian but
27 fraudulent budget cuts and their related tax-based extortion rackets.
28 This confirms that many hundreds of trillions of dollars of the people’s money listed in the semi-secret government
29 comprehensive annual financial reports (CAFRs) as government institutional investments are being siphoned off
30 by the global banking cartel and those sinister forces behind it.
31 They are doing this via that obscure subsidiary of the private, for-profit Federal Reserve System known as the
32 Depository Trust Clearing Center (DTCC), dba Cede Inc. (Again, note the sardonic humor.) This semi-secret
33 entity fraudulently confiscates these investment funds as an executor after they have been registered by brokers,
34 relegating investors to mere beneficiaries whose funds can then be lawfully – at least according to presently and
35 commonly used Universal Commercial Code (UCC)-based statutory law, not constitutional or common law --
36 confiscated at the will of said executor.
37 The implications of this are staggering: not only has this corporate subversion of government happened in
38 America and with the United Nations headquartered here, but it has happened in almost all of the nations of the
39 world by means of similar corporate subversion enacted under different names. This definitely explains why
40 governments at all levels in almost all nations no longer protect the public interest, but only special interests –
41 specifically, the interests of their fellow predatory for-profit corporations whose actions are now destroying this
42 planet and all life upon it.
8 14.11.1 DUNS Numbers of the US Corporate Government and Most of Its Major Agencies
Agency DUN #
United States Government 052714196
US Department of Defense (DOD) 030421397
US Department of the Treasury 026661067
US Department of Justice (DOJ) 011669674
US Department of State 026276622
US Department of Health & Human Services (HHS) Office of the Secretary
112463521
US Department of Education 944419592
US Department of Energy 932010320
US Department of Homeland Security 932394187
US Department of the Interior 020949010
US Department of Labor 029536183
US Department of Housing & Urban Development (HUD) Office of the Secretary
030945779
US Department of Veterans Affairs (VA) 931691211
US Transportation Security Administration (TSA) 050297655
US Federal Aviation Administration (FAA) 056622429
Bureau of Customs & Border Protection (CBP) 796730922
Federal Bureau of Immigration & Customs Enforcement 130221646
(ICE)
US Environmental Protection Agency (EPA) 057944910
National Aeronautics & Space Administration (NASA) 003259074
National Oceanic & Atmospheric Administration (NOAA) 079933920
US Nuclear Regulatory Commission (NRC) 364281923
Federal Emergency Management Agency (FEMA) 037751583
Federal Communications Commission (FCC) 020309969
US Securities & Exchange Commission (SEC) 003475175
US Public Health Service (USPHS) 039294216
National Institutes of Health (NIH) 061232000
US Centers for Disease Control & Prevention (CDC) 927645465
US Food & Drug Administration (FDA) 138182175
US Internal Revenue Service (IRS) 040539587
Federal Reserve Board of Governors (Fed) 001959410
Federal Bureau of Investigation (FBI) 878865674
National Security Agency (NSA) 617395215
US Drug Enforcement Administration (DEA) 167247027
Federal Bureau of Alcohol, Firearms & Tobacco (BAFT) 132282310
Federal Bureau of Land Management (BLM) 926038563
Federal Bureau of Indian Affairs (BIA) 926038407
Agency DUN #
United Nations (UN) 824777304
UN Development Program (UNDP) 793511262
UN Educational, Scientific, & Cultural Organization 053317819
(UNESCO)
UN World Food Program (UNWFP) 054023952
UN International Children's Education Fund (UNICEF) 017698452
UN World Health Organization (WHO) 618736326
3 A classical “State” can only be sovereign if it is following its charter, which is the constitution. That charter
4 requires it to first and foremost protect PRIVATE property and PRIVATE rights. If it deviates from that mission
5 and ESPECIALLY if it does the OPPOSITE, it ceases to be a classical or common law “State” and devolves into
6 a PRIVATE, for-profit corporation doing business primarily for its own “benefit” RATHER than the benefit of
7 those it is SUPPOSED to serve as its “sovereign”. When it does this, it is devoid of “sovereign immunity”,
8 becomes PRIVATE, and can only approach anyone and everyone else in equity under the common law rather than
9 statute law.
10 A state is doing the OPPOSITE of its charter and ceasing to protect PRIVATE rights and PRIVATE property
11 when it does any one or more of the following:
12 1. Refuses to recognize PRIVATE rights, PRIVATE property, or even CONSTITUTIONAL rights. For instance, it
13 provides no state on its forms that recognizes “non-franchisees” or non-resident non-persons” who are NOT its
14 customers.
15 2. Requires you to convert PRIVATE property to PUBLIC property for the PRIVILEGE of “protection”. For instance,
16 only enforces PUBLIC civil franchise statutes and refuses to recognize COMMON LAW rights in the protection of
17 rights. PRIVILEGES and RIGHTS cannot coexist. PUBLIC PRIVILEGES DESTROY and CONVERT PRIVATE
18 RIGHTS when they are mixed together.
19 3. Makes a profitable business or “franchise” out of protecting anything or anyone.
20 4. Denies protection to non-franchisees. This is a denial of equal protection.
21 Corporate de facto states operating in a private capacity do all the above. They were created, in fact, to do ONLY
22 the above. They are a “straw man” designed to permit things to be done that would otherwise be illegal under the
23 organic law, meaning the Constitution:
24 “Straw man. A “front”; a third party who is put up in name only to take part in a transaction. Nominal party to
25 a transaction; one who acts as an agent for another for the purpose of taking title to real property and executing
26 whatever documents and instruments the principal may direct respecting the property. Person who purchases
27 property, or to accomplish some purpose otherwise not allowed.”
28 [Black’s Law Dictionary, Sixth Edition, p. 1421]
29 The abuse of “straw men” to accomplish otherwise illegal or unconstitutional activies is exhaustively described
30 in the following:
31 The de facto Statutory States were created to circumvent the “inalienability” of PRIVATE rights found in the
32 Declaration of Independence. They not only ALLOW alienation of PRIVATE rights, but encourage and COERCE
33 it economically.
34 “Unalienable. Inalienable; incapable of being aliened, that is, sold and transferred.”
35 [Black’s Law Dictionary, Fourth Edition, p. 1693]
3 In furtherance of these observations, it may surprise readers to learn the following about their respective states:
4 1. CONSTITUTIONAL states are private and foreign in respect to the national government. They recognize and protect
5 PRIVATE property and PRIVATE rights using the constitution and the common law and NOT statutory law.
6 2. STATUTORY “States” are corporations that are PUBLIC. They only recognize and protect PUBLIC property and
7 PUBLIC rights using the STATUTORY franchise codes. They have no authority to hear disputes relating to the
8 constitution or the common law.
9 3. ALL STATUTORY “States” today have FEDERAL TAX ID NUMBERS and are ALL FEDERAL MUNICIPAL
10 CORPORATIONS.
11 3.1. Their statutory franchise and revenue codes only apply in “federal areas” and “federal enclaves” under the Buck
12 Act and the Public Salary Tax Act of 1939.
13 3.2. They DO NOT have statutory authority under the Buck Act, because the term “State” in 4 U.S.C. §110(d) does
14 not expressly include states of the Union. By the rules of statutory construction, anything not EXPRESSLY
15 included is PURPOSEFULLY excluded. However, they in effect, without constitutional delegated authority and
16 because of the love of money/mammon, “elect” to act as the federal territories described in this statute so that
17 they can enforce the IRS Code within federal areas within the external limits of their state.
18 3.3. They have an Agreement on Coordination of Tax Administration (A.C.T.A.) agreement with the national
19 Secretary of the Treasury. See:
20 http://www.supremelaw.org/rsrc/acta/index.htm
21 4. States with Federal Tax ID Numbers are, by operation of law, a Territory or Possession of the Corporate United States.
22 5. Every City in your STATUTORY STATE has a FEDERAL TAX ID NUMBER and is in fact and law a FEDERAL
23 MUNICIPAL CORPORATION.
24 6. Every County in your STATUTORY STATE has a FEDERAL TAX ID NUMBER and is in fact and law a FEDERAL
25 MUNICIPAL CORPORATION.
26 7. We do not have three (3) branches of government in any city, county, or state and there is no republican form of
27 government in place in any so called “state” today.
28 8. All cities, counties, and states are two (2) branch corporations.
29 9. All cities, counties, and states today only “service” or do business with their own statutory officers and employees
30 under the terms of a franchise.
31 9.1. If you don’t have a PUBLIC franchise status (such as “person”, “individual”, “taxpayer”, “driver”, etc), then you
32 are legally dead as far as they are concerned.
33 9.2. They refuse to even recognize private property and private rights and interfere with any attempt to invoke the
34 constitution or the common law against themselves for those who choose NOT to participate in the PUBLIC
35 corporation as officers of the corporation called “persons”.
36 The following subsections will prove these assertions using laws from the state of Washington. Your state has
37 similar laws.
40 The transition from a de jure CONSTITUTIONAL state to a STATUTORY corporation and the coup de etat it
41 represents happened with the following steps:
5 “Thus, Congress having power to regulate commerce with foreign nations, and among the several States, and
6 with the Indian tribes, may, without doubt, provide for granting coasting licenses, licenses to pilots, licenses to
7 trade with the Indians, and any other licenses necessary or proper for the exercise of that great and extensive
8 power; and the same observation is applicable to every other power of Congress, to the exercise of which the
9 granting of licenses may be incident. All such licenses confer authority, and give rights to the licensee.
10 But very different considerations apply to the internal commerce or domestic trade of the States. Over this
11 commerce and trade Congress has no power of regulation nor any direct control. This power belongs exclusively
12 to the States. No interference by Congress with the business of citizens transacted within a State is warranted
13 by the Constitution, except such as is strictly incidental to the exercise of powers clearly granted to the
14 legislature. The power to authorize a business within a State is plainly repugnant to the exclusive power of the
15 State over the same subject. It is true that the power of Congress to tax is a very extensive power. It is given in
16 the Constitution, with only one exception and only two qualifications. Congress cannot tax exports, and it must
17 impose direct taxes by the rule of apportionment, and indirect taxes by the rule of uniformity. Thus limited, and
18 thus only, it reaches every subject, and may be exercised at discretion. But, it reaches only existing subjects.
19 Congress cannot authorize a trade or business within a State in order to tax it.”
20 [License Tax Cases, 72 U.S. 462, 18 L.Ed. 497, 5 Wall. 462, 2 A.F.T.R. 2224 (1866) ]
401H
21 5. 1895: Congress again tried to institute an income tax in the states as a franchise tax. It too was declared
22 unconstitutional, and this case has NEVER been overruled. Hence, it still applies today, and it explains all the
23 geographical definitions found in the Internal Revenue Code:
24 “Nothing can be clearer than that what the constitution intended to guard against was the exercise by the
25 general government of the power of directly taxing persons and property within any state through a majority
26 made up from the other states. It is true that the effect of requiring direct taxes to be apportioned among the
27 states in proportion to their population is necessarily that the amount of taxes on the individual [157 U.S. 429,
28 583] taxpayer in a state having the taxable subject-matter to a larger extent in proportion to its population than
29 another state has, would be less than in such other state; but this inequality must be held to have been
30 contemplated, and was manifestly designed to operate to restrain the exercise of the power of direct taxation to
31 extraordinary emergencies, and to prevent an attack upon accumulated property by mere force of numbers. “
32 …
33 “Here I close my opinion. I could not say less in view of questions of such gravity that they go down to the very
34 foundations of the government. If the provisions of the Constitution can be set aside by an act of Congress,
35 where is the course of usurpation to end?
36 The present assault upon capital is but the beginning. It will be but the stepping stone to others larger and
37 more sweeping, until our political contest will become war of the poor against the rich; a war of growing
38 intensity and bitterness.”
39 [Pollock v. Farmers’ Loan & Trust Co., 157 U.S. 429, 158 U.S. 601 (1895).]
20 By 1940 when the Second World War was beginning, the SCAM and FRAUD we live under now was completely
21 established and permanent.
22 If you would like to learn more about the above chronology, See:
28 Go down to your CITY CLERK and ask to purchase a CERTIFIED COPY of your CITY CHARTER and
29 ARTICLES OF INCORPORATION for the City.
30 Go down to your COUNTY CLERK and ask to purchase a CERTIFIED COPY of your COUNTY CHARTER
31 and ARTICLES OF INCORPORATION for the County.
32 You will find out that all cities only have two (2) branches of government!
33 You will find out that all counties only have two branches of government!
34 The ARTICLES OF INCORPORATION will show you that they incorporated a piece of dirt with the metes and
35 bounds marked out!
36 What Legal or Lawful Authority does a Piece of Land that Incorporated and called itself the CITY OF SEATTLE
37 have to hire an armed body of men called the SEATTLE POLICE?
38 The United States Supreme Court in a case called United States v. Soriano said that an ADMINISTRATIVE
39 AGENCY is a creature of Statute created by the Legislature!
40 ". . .an administrative agency is a creature of statute , having only those powers expressly granted to it by
41 Congress or included by necessary implication from the Congressional grant. See CAB v. Delta Air Lines, Inc.,
4 As a corporation is to its charter, the administrative is to its enabling legislation. This means the basic doctrine of
5 administrative law, as of corporate law, is the doctrine of ultra vires.
6 Ultra Vires
7 The modern technical designation, in the law of corporations, of acts beyond the scope of the powers of a
8 corporation, as defined by its charter or act of incorporation. State ex rel. v. Holston Trust Co., 168 Tenn. 546,
9 79 S.W.2d. 1012, 1016. The term has a broad. application and includes not only acts prohibited by the charter,
10 but acts which are in excess of powers granted and not prohibited. State ex rel. Supreme Temple of Pythian Sisters
11 v. Cook, 234 Mo.App. 898, 136 S.W.2d. 142, 146, and generally applied either when a corporation has no power
12 whatever to do an act, or when the corporation has the power but exercises it irregularly. People ex rel. Barrett
13 v. Bank of Peoria, 295 Ill.App. 543, 15 N.E.2d. 333, 335. Act is "ultra vires" when corporation is without authority
14 to perform it under any circumstances or for any purpose. Orlando Orange Groves Co. v. Hale, 107 Fla. 304,
15 144 So. 674, 676.
16 By doctrine of "ultra vires" a contract made by a corporation beyond the scope of its corporate powers is
17 unlawful. Community Federal Sav. & Loan Ass'n of Independence, Mo., v. Fields, C.C.A.Mo., 128 F.2d 705, 708.
18 While the phrase "ultra vires" has been used to designate, not only acts beyond the express and implied powers
19 of a corporation, but also acts contrary to public policy or contrary to some express statute prohibiting them, the
20 latter class of acts is now termed Illegal, and the "ultra vires" confined to the former class. In re Grand Union
21 Co., C.C.A.N.Y., 219 F. 353, 363; Staacke v. Routledge, 111 Tex. 489, 241 S.W. 994. 998; Pennsylvania H. Co.
22 v. Minis. 120 Md. 461, 496, 87 A. 1063. 1072.
23 [Black’s Law Dictionary, Fourth Edition, p. 1692]
24 The jurisdiction principle is the root principle of administrative power. The statute is the source of agency authority
25 as well as its limits. If an agency act is within the statutory limits (vires) it is valid. If it is outside them (ultra
26 vires), it is invalid. No statute is needed to establish this; it is inherent in the constitutional positions of agencies
27 and courts.
28 The Revised Code of Washington (R.C.W.) section R.C.W. §42.17.020(1), enacted sometime after the
29 establishment of Western Area Power Administration (WAPA), where the legislature specifically defined
30 "agency" to include "all state agencies and all local agencies." It more particularly defined "state agency" in the
31 statute to include "every state office, public official, department, division, bureau, board, commission or other
32 state agency."
37 “The definition of "state agency" in R.C.W. §42.17.020(1) parallels the definition of "agency" in R.C.W.
38 §34.04.010(1) as to state boards, commissions, departments, and officers (officials)."
39 [Riggins v. Housing Authority, 87 Wn.2d. 97, 100, 549 P.2d. 480 (May 6th, 1976)]
40 "The source of a state agency’s rights, powers, duties, and privileges and immunities is statutory."
41 [Liquor Control Bd. v. Personnel Bd., 88 Wn.2d. 368, 371, 561 P.2d. 195 (March 10, 1977)]
42 "If it is a state agency, it must conform to the Administrative Procedure Act (R.C.W. 34.04)."
43 [State v. Bourd of Valuation, 72 Wn.2d. 66, 69 (Sept. 14, 1967)]
44 "STATUTORY AUTHORITY TO ENACT THE REGULATION [3] We agree with appellants, an agency
45 created by the statute has only those powers expressly granted or necessarily implied from the statute. Ortblad v.
46 State, 85 Wn.2d. 109, 530 P.2d. 635 (1975); State v. Pierce, 11 Wn. App. 577, 523 P.2d. 1201 (1974). An agency
47 cannot legislate, its rules must be within its statutory framework. Kitsap-Mason Dairymen’s Ass’n v. State Tax
48 Comm’n, 77 Wn.2d. 94, 309 P.2d. 751."
49 [Anderson Leech & Morse v. Liquor Bd., 89 Wn.2d. 688, 694, 575 P.2d. 221 (Feb. 16, 1978)]
5 "An administrative agency, like the board, has only those powers granted it by the legislature. Cole v. State, Utils.
6 & Transp. Comm’n, 79 Wn.2d. 302, 306, 485 P.2d. 71 (1971)."
7 [In Re Little, 95 Wn.2d. 545, 627 P.2d. 543 (April 30, 1981)]
8 "An administrative agency, like the Board, only has those powers granted by the Legislature. In re Little, 95
9 Wn.2d. 545, 549, 627 P.2d. 543 (1981). . . . The Board may not amend or alter the statutes under which it
10 functions by its own interpretation of those statutes. In re George, 90 Wn.2d. 90, 97, 579 P.2d. 354 (1978).
11 ...This it cannot do. Baker v. Morris, 84 Wn.2d. 804, 809, 529 P.2d. 1091 (1974). This court presumes the validity
12 of administrative rules adopted pursuant to a legislative grant of authority, and will uphold such rules on review
13 if they are reasonably consistent with the statute being implemented. Fahn v. Cowlitz County, 93 Wn.2d. 368,
14 374, 610 P.2d. 857, 621 P.2d. 1293 (1980). . . . [6] The United States Supreme Court has long recognized that "a
15 statute so vague and indefinite, in form as interpreted", may violate the Fourteenth Amendment. Winters v. New
16 York, 333 U.S. 507, 509, 92 L.Ed. 8450, 68 S.Ct. 6665 (1948). This court specifically has held that the due process
17 clause of the Fourteenth Amendment requires specificity in penal statutes. Seattle v. Rice, 93 Wn.2d. 728, 731,
18 612 P.2d. 792 (1980). The test is whether men of reasonable understanding are required to guess at the meaning
19 of the statute. Seattle v. Rice, at 731. See also Seattle v. Drew, 70 Wn.2d. 405, 408, 423 P.2d. 522, 25 A.L.R.3d.
20 827 (1967)."
21 [In Re Myers, 105 Wn.2d. 257, 263, 714 P.2d. 303 (1986)]
22 Courts presiding over statutory or franchise matters rather than operating under the common law are mere clerks
23 for an agency and an extension of the agency that implements the statutory franchise. As such, they exist in the
24 Executive rather than Judicial Branch.
25 "It is well-settled in administrative law that: ‘It is the accepted rule, not only in state courts, but, of the federal
26 courts as well, that when a judge is enforcing administrative law they are described as mere ‘extensions of the
27 administrative agency for superior reviewing purposes’ as a ministerial clerk for an agency..."
28 [30 Cal. 596; 167 Cal 762]
29 "A judge ceases to sit as a judicial officer because the governing principals of administrative law provides that
30 courts are prohibited from substituting their evidence, testimony, record, arguments and rationale for that of the
31 agency. Additionally, courts are prohibited from their substituting their judgments for that of the agency."
32 [AISI v. U.S., 568 F.2d. 284]
33 ". . . judges who become involved in enforcement of mere statutes (civil or criminal in nature and otherwise), act
34 as mere "clerks" of the involved agency..."
35 [K.C. Davis., ADMIN. LAW, Ch. 1 (CTP. West’s 1965 Ed.)]
36 "...their supposed "courts" becoming thus a court of "limited jurisdiction" as a mere extension of the involved
37 agency for mere superior reviewing purposes."
38 [K.C. Davis, ADMIN. LAW, Pg. 95, (CTP, 6 Ed. West’s 1977), FRC v. G.E., 281 U.S. 464; Keller v P.E., 261
39 U.S. 428]
40 A so-called Municipal or District court that is not hearing a common law or constitutional matter is actually
41 operating as a legislative franchise court in the Executive rather than Judicial branch. In speaking on this subject
42 in relation to the Constitution for the united States of America, the supreme Court said:
43 "The term ‘District Courts of the United States,’ . . . without an addition expressing a wider connotation, has its
44 historic significance. It describes the constitutional courts created under Article III of the Constitution. Courts
45 of the Territories are legislative courts, properly speaking, and are not District Courts of the United States."
46 [Mookini v. United States, 303 U.S. 201, 205, 58 S.Ct. 543, 82 Led. 748 (1938)]
47 “When the Tax Court was statutorily denominated an "Article I Court" in 1969, its judges did not magically
48 acquire the judicial power. They still lack life tenure; their salaries may still be diminished; they are still
49 removable by the President for "inefficiency, neglect of duty, or malfeasance in office." 26 U.S.C. § 7443(f). (In
50 Bowsher v. Synar, supra at 729, we held that these latter terms are "very broad" and "could sustain removal . . .
51 for any number of actual or perceived transgressions.") How anyone with these characteristics can exercise
52 judicial power "independent . . . [of] the Executive Branch" is a complete mystery. It seems to me entirely
53 obvious that the Tax Court, like the Internal Revenue Service, the FCC, and the NLRB, exercises executive
54 power. Amar, Marbury, Section 13, and the Original Jurisdiction of the Supreme Court, 56 U.Chi.L.Rev. 443,
55 451, n. 43 (1989). See also Northern Pipeline, 458 U.S. at 113 (WHITE, J., dissenting) (equating administrative
56 agencies and Article I courts); Samuels, Kramer & Co. v. Commissioner, 930 F.2d. 975, 992-993 (CA2 1991)
57 (collecting academic authorities for same proposition). [501 U.S. 913]
Corporatization and Privatization of the Government 280 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 [Freytag v. Commissioner, 501 U.S. 868, 912 (1991)]
2 This expression of the supreme Court of the united States of America shows that no constitutional judicial power
3 is exercised by legislative franchise courts. Instead such courts only exercise a power derived from the legislative
4 branch as an extension of the legislative rather than judicial power. A legislative tribunal does not exercise judicial
5 power, but merely administers legislative powers according to the nature of its creation.
6 "Territorial courts are legislative courts, created in virtue of the general right of sovereignty which exists in the
7 government, or in virtue of that clause which enables Congress to make all needful rules and regulations
8 respecting the territory belonging to the United States. The jurisdiction with which they are invested is not a part
9 of that judicial power which is defined in the third article of the Constitution, but is conferred by Congress, in the
10 execution of those general powers which that body possesses over the territories of the United States."
11 [9 Federal Statutes Annotated 212]
12 In constitutional courts (those courts that exercise judicial powers) the legislative branch cannot prescribe any
13 qualification for the office of judge not prescribed by the constitution from which jurisdiction is vested. State ex
14 rel. Chapman v. Appling, 220 Or. 41, 348 P.2d. 759 (1960).
15 The power of the Municipal or District Court is that of the old "justice of the peace" courts which were courts of
16 "limited and special jurisdiction. State v. Officer, 4 Or. 180 (1871).
17 Inferior tribunals are subject to the supervisory control (judicial powers), and must show affirmative proof on the
18 face of the inferior tribunal record to sustain a conviction.
19 "If the court is . . . of some special statutory jurisdiction it is as to such proceedings an inferior court, and not
20 aided by presumption of jurisdiction."
21 [Norman v. Zeiber, 3 Or. 198]
22 Inferior tribunals have no presumption of jurisdiction in their favor and all that need to be done by a Petitioner, to
23 throw the burden of proving jurisdiction upon Respondent State of Washington, is to contest the applicability of
24 the inferior tribunal’s jurisdiction to Petitioner.
25 " . . . if the record does not show upon its face the facts necessary to give jurisdiction, they will be presumed not
26 to have existed."
27 [Norman v. Zeiber, 3 Or. 198]
28 The constitutional rule for inferior tribunals was set down by the Oregon Supreme Court in Evans v. Marvin, 76
29 Or. 540, 148 P. 1119 (1915), a case involving a justice court:
30 " . . . the constitutional rule that justice courts are of limited jurisdiction. ...their judgments must be sustained
31 affirmatively by positive proof that they had jurisdiction of the cases they attempt to decide."
32 [Evans v. Marvin, 76 Or. 540, 148 P. 119 (1915)]
33 ALL Municipal Court's in STATE OF WASHINGTON were created by two Statutes R.C.W. §35.20 and R.C.W.
34 §3.50.010 which both were created by the LEGISLATURE.
35 "The town of Orting had elected to create a municipal court under the authority of R.C.W. §3.50.010. This statute
36 provides that procedure in the municipal court is subject to the rule-making authority of the Supreme Court.
37 R.C.W. §3.50.450. Thus, the controlling rules of procedure are found in the Traffic Rules for Courts of Limited
38 Jurisdiction promulgated by this court, effective July 1, 1963. See JTR T2, R.C.W. vol. 0.
39 [Orting v. Rucshner, 66 Wn 2d (Aug. 1965)]
40 All District Court's in STATE OF WASHINGTON were created by Statute R.C.W. §3.66 which was created by
41 the LEGISLATURE.
42 All Superior Courts in STATE OF WASHINGTON were created by Statute R.C.W. Title 2 which was created by
43 the LEGISLATURE.
22 All city and county charters in every state will clearly show that we have only executive and legislative branches
23 in every state!
24 You will find that in every County Charter they name your Superior Court System something like they do in
25 Washington like the KING COUNTY DEPARTMENT OF JUDICIAL ADMINISTRATION.
26 "The King County Department of Judicial Administration by its name falls within the definition of
27 agency. Furthermore, KING COUNTY CHARTER 350.20 PROVIDES THAT IT IS AN
28 EXECUTIVE DEPARTMENT."
29 [Nast v. Michels, 107 Wn.2d. 300, 305, 730 P.2d. 54 (Dec. 4, 1986)]
30 Have you ever Failed To Appear (F.T.A.) for any type of a court appearance?
31 Have you ever been in court and heard the so called JUDGE a so-called JUDICIAL OFFICER say:
32 "ISSUE A WARRANT FOR HIS ARREST"???
33 That's because the so-called JUDGE a so-called JUDICIAL OFFICER IS NOT REALLY JUDICIAL, HE IS
34 EXECUTIVE.
35 Even your phony Constitution and your State Statutes will clearly show that the EXECUTIVE AUTHORITY is
36 vested solely in the office of the elected County Prosecutor, Deputy Prosecutor, Special Prosecutor and/or
37 Attorney General's Office.
38 All so-called Judges are in fact and law EXECUTIVE OFFICERS and that is why the so-called JUDGE CAN
39 ISSUE A WARRANT FOR YOUR ARREST WHEN YOU FAIL TO APPEAR! Traffic courts in California, for
40 instance, refer to those presiding as “commissioners”, not “judges”.
41 ALL so called State Courts are creatures of Statute created by the LEGISLATURE and are merely
42 ADMINISTRATIVE AGENCIES which only have the authority or jurisdiction conferred by a Statute.
43 If you search carefully the Senate and House Bills and the 1st Legislative Enactment or Session Law creating the
44 Superior Courts in your State, you will find that it says right in your own law books, that ALL your so-called State
45 Superior Courts are really LOWER DISTRICT FEDERAL COURTS!
2 Your STATE is merely a sub-chartered Federal Municipal Corporation pretending to be and fraudulently holding
3 itself out to be a State, but in fact and law is NOT a State in Original Jurisdiction pursuant to the authority of the
4 1st Original Judiciary Act wherein the District of Columbia is NOT a State.
5 Your STATE is merely a FEDERAL MUNICIPAL CORPORATION under the NEW JUDICIARY ACT wherein
6 the DISTRICT OF COLUMBIA is now on an Equal Footing as a STATE.
7 ALL so-called private employers like McDonald’s, Safeway, Albertson’s, Schuck’s Auto Supply, Al's Auto
8 Supply, etc. have FEDERAL TAX ID NUMBERS issued from the FEDERAL MUNICIPAL STATUTORY
9 STATE and are ALL sub-chartered UNITED STATES corporations.
10 STATE OF WASHINGTON, STATE OF OREGON, STATE OF CALIFORNIA, etc. are all sub-chartered
11 UNITED STATES corporations.
12 When you put a SOCIAL SECURITY NUMBER down on an employment application, you are asking UNCLE
13 SAM to put you on the government payroll for future Labor and Industry “benefits” if you get hurt on the job, and
14 future unemployment should you get laid off from your job, future food stamps, future Medicaid, future Medicare,
15 welfare, etc.
16 Every Municipal Court in your State has a FEDERAL TAX ID NUMBER and is also a FEDERAL MUNICIPAL
17 CORPORATION. The number is what the FTC calls a “franchise mark”. The use of a franchise license number
18 issued by the national government is proof that the entity is an agent of the issuer.
19 "A franchise entails the right to operate a business that is "identified or associated with the franchisor's
20 trademark, or to offer, sell, or distribute goods, services, or commodities that are identified or associated with
21 the franchisor's trademark." The term "trademark" is intended to be read broadly to cover not only trademarks,
22 but any service mark, trade name, or other advertising or commercial symbol. This is generally referred to as the
23 "trademark" or "mark" element.
24 The franchisor [the government] need not own the mark itself, but at the very least must have the right to
25 license the use of the mark to others. Indeed, the right to use the franchisor's mark in the operation of the
26 business - either by selling goods or performing services identified with the mark or by using the mark, in
27 whole or in part, in the business' name - is an integral part of franchising. In fact, a supplier can avoid Rule
28 coverage of a particular distribution arrangement by expressly prohibiting the distributor from using its mark."
29 [FTC Franchise Rule Compliance Guide, May 2008;
30 SOURCE: http://business.ftc.gov/documents/bus70-franchise-rule-compliance-guide]
31 Every District Court in your State has a FEDERAL TAX ID NUMBER and is also a FEDERAL MUNICIPAL
32 CORPORATION.
33 Every Justice of the Peace Court in your State has a FEDERAL TAX ID NUMBER and is also a FEDERAL
34 MUNICIPAL CORPORATION.
35 Every Circuit Court in your State has a FEDERAL TAX ID NUMBER and is also a FEDERAL MUNICIPAL
36 CORPORATION.
37 Every Superior Court in your State has a FEDERAL TAX ID NUMBER and is also a FEDERAL MUNICIPAL
38 CORPORATION.
39 Every Supreme Court in every STATE has a FEDERAL TAX ID NUMBER and is also a FEDERAL
40 MUNICIPAL CORPORATION.
41 If your so-called STATE COURT is really a State Court, why does it have a FEDERAL TAX ID NUMBER?
2 Did you folks know that EVERY SINGLE COURT IN EVERY STATE IS REALLY A LOWER DISTRICT
3 FEDERAL COURT??????????
4 Read the following Washington State case law that proves these assertions.
8 In Hayne on New Trial and Appeal (Revised Edition), vol. 2, section 291, this language is used:
9 "Under the rule of stare decisis, as shown in the preceding section, if a decision be clearly erroneous and rights
10 have not grown up under it to any great extent, it may be overruled. But this is not true of a subsequent appeal in
11 the same cause. However erroneous a decision of the supreme court may be, it must be adhered to in all
12 subsequent stages of the same case. It becomes the law of the case and cannot be disregarded either by the trial
13 court or by the supreme court. This rule is firmly established."
14 [Duffy v. Blake, 94 Wash. 319, 322 [No. 13201. En Banc. January 20, 1917].
17 “When this court has once decided a question of law, that decision, when the question arises again, is not only
18 binding on all inferior courts in this state, but is binding on this court until that case is overruled. Duffy v. Blake,
19 94 Wash. 319, 162 Pac. 521; Guarantee Trust Co. v. Scoon, 144 Wash. 33, 256 Pac. 74"
20 [Godefroy v. Reilly, 146 Wash. 257, 259 (January 3, 1928)]
21 "At the outset, we reaffirm our recognition of the authority of the United States Supreme Court to act as the final
22 arbiter of controversies arising under the federal constitution. In all matters touching upon federal rights, the
23 United States Supreme Court may review state court decisions. See Martin v. Hunter’s Lessee, 14 U.S. (1 Wheat.)
24 304, 4 L.Ed. 97 (1816) (authority to review state civil cases); Cohens v. Virginia, 19 U.S. (6 Wheat.) 264, 5 L.Ed.
25 257 (1821) (authority to review state criminal cases)."
26 [State v. Chrisman, 100 Wn.2d. 814, 816, 676 P.2d. 419 [No. 46750-1. En Banc. January 26, 1984.]]
33 THERE YOU HAVE IT: THE WASHINGTON STATE SUPREME COURT SAYS WE ARE BOUND TO THE
34 DECISIONS OF THE UNITED STATES SUPREME COURT THE SAME AS ANY OTHER "FEDERAL
35 COURT"!!!!!!!!!!!!!!
36 "The supreme court of the United States is a constitutional court. All other Federal courts have been established
37 by acts of Congress, pursuant to authority granted by the constitution of the United States, and, being courts
38 provided for by legislative, and not directly by constitutional authority, the Congress may enact any laws it deems
39 wise for the conduct and operation of such courts."
40 [State Ex Rel. N.W. Oyster Co. v. Meakim, 34 Wn.(2d) 131, 138 (July 14, 1949)]
41 THE LEGISLATURE IN WASHINGTON LIKE ALL OTHER STATES CREATED EVERY COURT IN THE
42 STATE BY STATUTE!
43 "State courts must follow the interpretations of the federal constitution made by the United States Supreme Court."
44 [State v. Laviollette, 118 Wn.2d. 670, 826 P.2d. 684 [No. 58076-6. En Banc. March 19, 1992.]
45 "Decisions of the United States Supreme Court are controlling over conflicting case law and statutory law of this
46 state."
47 [State v. Counts, 99 Wn.2d. 54, 659 P.2d. 1087 [Nos. 47687-0, 48239-0, 47932-1. En Banc. February 24, 1983.]
8 There you have it, the Washington State Supreme Court telling you that our court is a lower federal court!
9 "The Supreme Court’s resolution of an issue of state law constitutes binding precedent until the Supreme Court
10 overrules it."
11 [Hamilton v. Labor & Indus., 111 Wn. 2d 569, 761 P.2d. 618 [No. 54621-5. En Banc. September 22, 1988.]]
12 "A Supreme Court holding constitutes binding authority that may not be overruled by the Court of Appeals."
13 [State v. Williams, 93 Wn. App. 340, 969 P.2d. 106 (December 4, 1998)]
15 Look at State court civil rule 2 in most states and Federal Rule of Civil Procedure 2 wherein they combined "law
16 and equity" into one form of action called CIVIL.
17 Did you know that CONGRESS NEVER empowered the States to combine "law and equity" into one form of
18 action called CIVIL?
19 Did you know that ALL Bankruptcy, Divorce and Property Disputes are IN REM proceedings? An In Rem
20 proceeding is one against a civil status under the statutes and the obligations associated with the civil status:
21 IN REM. A technical term used to designate proceedings or actions instituted against the thing, in
22 contradistinction to personal actions, which are said to be in personam. See In Personam. It is true that, in a
23 strict sense, a proceeding in rem is one taken directly against property, and has for its object the disposition of
24 property, without reference to the title of individual claimants; but. in a larger and more general sense, the terms
25 are applied to actions between parties, where the direct object is to reach and dispose of property owned by them,
26 or of some interest therein. Such are cases commenced by attachment against the property of debtors, or instituted
27 to partition real estate. foreclose a mortgage, or enforce a lien. So far as they affect property in this state, they
28 are substantially proceedings in rem in the broader sense which we have mentioned. Pennoyer v. Neff, 95 U.S.
29 734, 24 L.Ed. 565; Continental Gin Co. v. Arnold, 66 Okl. 132, 167 P. 613, 617, L.R.A.1918B, 511. In the strict
30 sense of the term, a proceeding "In rem" is one which is taken directly against property or one which is brought
31 to enforce a right in the thing Itself. Austin v. Royal League, 316 Ill. 188, 147 N.E. 106, 109.
32 A divorce suit is a "suit in rem." the essential characteristic of which is found in the power of the state through
33 the decree or judgment of its court to dispose of the subject- matter of the suit, the res, in accordance with the
34 object of the suit, whether that subject-matter be physical property or the status of one or both of the parties
35 litigant, which decree operates immediately and absolutely upon the status of the suitor which is the res in the
36 suit without the necessity of execution, attachment, or contempt proceedings to enforce it. Lister v. Lister, 86
37 N.J.Eq. 30, 97 A. 170, 173.
38 A proceeding "in rem" is in effect a proceeding against the owner, as well as a proceeding against the goods, for
39 it is his breach of the law which has to be proven to establish the forfeiture, and it is his property which is sought
40 to be forfeited. Mack v. Westbrook, 148 Ga. 690, 98 S.E. 339, 343.
41 [Blacks’ Law Dictionary, Fourth Edition, p. 900]
42 The “civil status” that is the subject of all statutory franchise proceedings is CREATED by the state in the statute
43 itself, and therefore is “property” of the state. That property, in turn, is granted/rented to all those who use it, and
44 the terms of the rental are specified in the statute. From a biblical perspective, we know that the borrower is
45 always servant to the lender:
46 “The rich rules over the poor,
47 And the borrower is servant to the lender.”
48 [Prov. 22:7, Bible, NKJV]
2 Did you know that in ALL IN REM proceedings original jurisdiction lies exclusive of the States and solely to the
3 FEDERAL COURTS or to the Courts of the Territories or Possessions?
11 When was the above over-ruled, and if it was never over-ruled, what does this imply? It implies that the States,
12 when they act in an administrative capacity upon federal territorial entities and citizens, are not the “States”
13 contemplated in the Constitution. There has been a coup de etat!
14 Why then are FEDERAL TAXES being deducted out of all STATE COURT JUDGES PAYCHECKS?
15 McDonald’s, Safeway, Albertsons, Schucks Auto Supply, Al's Auto Supply, etc., are ALL Political Subdivisions
16 of the FEDERAL MUNICIPAL STATUTORY STATE.
17 ALL employees of McDonald’s, Safeway, Albertsons, Schucks Auto Supply, Al's Auto Supply, etc. are QUASI
18 FEDERAL GOVERNMENT EMPLOYEES because these entities ALL have FEDERAL TAX ID NUMBERS
19 AND ARE ALL UNITED STATES CORPORATIONS.
22 MANY PATRIDIOTS who are just too lazy to do their own research and even constitutional attorneys like Larry
23 Becraft have failed miserably in court and just have NO understanding of the law and have NO clue. They have
24 made the SILLY and FRIVOLOUS argument that they were NOT a STATUTORY “U.S. citizen” and U.S.
25 corporate slave and then turned around in the same sentence and claimed to be State Citizens of the current STATE
26 OF CALIFORNIA, STATE OF OREGON, STATE OF WASHINGTON, ETC. and the Judges and Prosecutors
27 just snickered and giggled prior to sending these yo-yos to jail.
28 It seems like EVERYBODY knows that there are THREE (3) different United States, but they sure don’t act like
29 they know.
30 15.3 Suspension of the Original State Constitutions and the Buck Act/Public Salary Tax Act
31 All States suspended their Original State Constitutions and placed them into the Archives Division of their
32 Secretary of State's Office and then replaced them with a much watered down version which took away ALL of
33 our Rights and replaced them with corporate privileges and codified them and made the constitutions a mere
34 statute which is now superseded by the specific statute such as speeding, running a red light, etc. This happened
35 after the Civil War ended in 1865.
36 Every STATE has two, three or more constitutions, but NO State is operating or going by their Original
37 Constitution! And yes, that original constitution is still in full force and effect and CANNOT be repealed.
38 Did you know that every 1st Original State Constitution had the RIGHT TO TRAVEL written right in it and says
39 THE HIGHWAYS SHALL FOREVER BE TO ALL PERSONS FOR THE TRANSPORTATION OF THEIR
5 That's Right, THE RIGHT TO TRAVEL IS A STATE CONSTITUTIONALLY PROTECTED RIGHT AND
6 UNDER THE NORTHWEST ORDINANCE AND THE TREATY OF GUADALUPE IS THE SUPREME LAW
7 OF THE LAND UNDER THE SUPREMACY CLAUSE OF THE FEDERAL CONSTITUTION.
8 All NEW STATE CONSTITUTIONS only gave authority to the STATUTORY STATES TO REGULATE
9 COMMON CARRIERS, PRIVATE CARRIERS AND CONTRACT CARRIERS.
12 YOU NEED TO READ THE BUCK ACT TO UNDERSTAND THAT STATE OF WASHINGTON is a
13 corporate "STATE” WITHIN "The State of Washington."
16 In this state" and "within this state" "IN THIS STATE" and "WITHIN THIS STATE" includes all federal areas
17 lying within the exterior boundaries of the state. [1961 c 15 82.04.200. Prior: 1955 c 389 21; prior L 1949 c
18 228 2, part; 1945 c 249 1, part; 1943 c 156 2, part; 1941 c 178 2, part; 1939 c 225 2, part; 1937 c 227 2, part;
19 1935 c 180 5, part; Rem. Supp. 1949 8370-5, part.] (emphasis added).
20 "IN THIS STATE," "WITHIN THIS STATE" as stated in the above current 1999 R.C.W. Code Section is not
21 one of the united States of America in its original jurisdiction, nor is it part of "The State of Washington." See
22 Session Laws of 1889-1890, December 13, 1889, page 94 making by Legislative Fiat, "State" or "State of
23 Washington" in the Law mean, Territory or Territory of Washington. "WA" is a "fictional State within a
24 state" which was NOT in existence at the time of the creation of The State of Washington, nor was it in
25 existence at the time of the creation of the Territorial Code of 1881 which is still valid law today pursuant
26 to the fact that the Code of 1881 has never been repealed.
27 See R.C.W. Titles 46 and 47 wherein their code sections apply only to the above defined federal areas, to wit: "In
28 this state" and "within this state. See the Buck Act of 1940 cited below at page 4, lines 22-24, to wit: it’s
29 codification at 4 U.S.C. §§105,110, et. sec..
30 R.C.W. §82.04.010 Introductory.
31 Unless the context clearly requires otherwise, the definitions set forth in the sections preceding R.C.W. 82.04.220
32 apply throughout this chapter. [1996 c 93 § 4; 1961 c 15 § 82.04.010. Prior: 1955 c 389 § 2; prior: 1949 c 228
33 § 2, part; 1945 c 249 § 1, part; 1943 c 156 § 2, part; 1941 c 178 § 2, part; 1939 c 225 § 2, part; 1937 c 227 § 2,
34 part; 1935 c 180 § 5, part; Rem. Supp. 1949 § 8370-5, part.]. And;
36 Sections
39 AREAS--EXCEPTION.
3 _____________________________________________________________________________________
5 The state hereby accepts jurisdiction over all federal areas located "within" its exterior boundaries to the extent
6 that the power and authority to levy and collect taxes therein is granted by that certain act of the 76th congress
7 of the United States, approved by the president on October 9, 1940, and entitled: "An Act to permit the states to
8 extend their sales, use, and income taxes TO PERSONS RESIDING OR CARRYING ON BUSINESS, OR TO
9 TRANSACTIONS OCCURRING, IN FEDERAL AREAS, AND FOR OTHER PURPOSES." [1961 c 15 §
10 82.52.010. Prior: 1941 c 175 § 1; Rem. Supp. 1941 § 11337-10.] And;
11 _____________________________________________________________________________________
13 The "STATE OF WASHINGTON" hereby assents to the purposes, provisions, terms and conditions of the grant
14 of money provided in an act of congress entitled: "An act to provide that the United States shall aid the states in
15 the construction of rural post roads, and for other purposes," approved July 11, 1916, and all acts, grants and
16 appropriations amendatory and supplementary thereto and affecting the "STATE OF WASHINGTON". [1961
17 c 13 § 47.04.050. Prior: 1937 c 53 § 43; RRS § 6400-43; 1917 c 76 § 1; RRS § 6844.]
18 _____________________________________________________________________________________
20 If the secretary of the United States department of transportation finds any part of this chapter to be in conflict
21 with federal requirements that are a prescribed condition to the allocation of federal funds to the "state", the
22 conflicting part of this chapter is hereby declared to be inoperative solely to the extent of the conflict and with
23 respect to the agencies directly affected, and such finding or determination shall not affect the operation of the
24 remainder of this chapter in its application to the agencies concerned. THE RULES UNDER THIS CHAPTER
25 SHALL MEET FEDERAL REQUIREMENTS THAT ARE A NECESSARY CONDITION TO THE RECEIPT OF
26 FEDERAL FUNDS BY THE STATE. [1985 c 142 § 4.]
27 In addition to the foregoing, R.C.W. §46.04.360, under the section titled "Nonresident," reads:
28 "Nonresident" means any person whose residence is outside this state and who is temporarily sojourning
29 WITHIN THIS STATE. [1961 c 12 § 46.04.360. Prior: 1959 c 49 § 37; prior: (i) 1943 c 153 § 1, part; 1937 c
30 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.] (emphasis added)
31 [R.C.W. §46.04.360]
37 See California and North Carolina’s consistent definitions of those states "municipal laws" which require some
38 sort of "contract" for proper application within the "federal areas" of the "NEW UNION."
39 California Revenue and Taxation Code, Section 11205. "In this State" etc.
40 "In this State" or "in the State" means within the exterior limits of the State of California and includes all territory
41 within these limits owned or ceded to the United States of America. Added Stats 1941 section 1, effective July 1,
42 1943. Prior Law: Stats 1937 ch. 283 section 2 subd (d) p 621, as amended by Stats 1941 ch 162 section 1 p 1202."
43 ______________________________________________________________________________________
44 California Revenue and Taxation Code, Section 6017. "In this State" or "in the State"
45 "In this State" or "in the State" means within the exterior limits of the State of California and includes all territory
46 within these limits owned by or ceded to the United States of America. Added Stats 1941 ch 36 section 1, effective
Corporatization and Privatization of the Government 288 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 July 1, 1943. Prior Law: (a) Stats 1933 ch 1020 section 2 subd (i) p 2599, as amended by Stats 1935 ch 357
2 section 2 p 1256, Stats 1937 ch 778 section 1 p 2223, Stats 1939 ch 679 section 2 p 2170, Stats 1941 ch 247
3 section 1 p 1321. (b) Stats 1935 ch. 361 section 2 subd (j) p 1297, as amended by Stats 1937 ch 683 section 1 p
4 1936, Stats 1939 ch 677 section 1 p 2154, Stats 1941 ch 247 section 14 p 1334.
5 ______________________________________________________________________________________
6 "N.C. G.S. 105-164.3(7) "In this State" or "in the State" means within the exterior limits of the State of North
7 Carolina and includes all territories within such limits owned or ceded to the United States of America. (Added
8 Stats. 1941, c. 36, p. 536, section 1.)"
9 "N.C. G.S. Sections 105-187.2 A tax is imposed for the privilege of using the highways of this State. This tax is
10 in addition to all other taxes and fees imposed. (Stats. 19889, c.692, s.4.1)
11 ______________________________________________________________________________________
13 "State" and "United States".–The word "state," when applied to the different parts of the united States, shall be
14 construed to extend to and include the District of Columbia and the several territories, so called; and the words
15 "United States" shall be construed to include the said districts and territories and all dependencies.’
16 It is clear that North Carolina Statutes, California Statutes and Washington Statutes agree completely with the
17 "Buck Act" Title 4 U.S.C.S. sections 105-110, and is identical in implication and meaning. This tax is imposed
18 on every motor vehicle used in any "federal area" such as the Central District of STATE OF WASHINGTON aka
19 "WA", Social Security Area, federal ZIP Code area, etc.
20 These definitions are consistent with the definitions mandated by the "BUCK ACT" which states in part:
21 4 U.S.C. Flag and Seal, Seat of Government, and the States
22 "110(d) The term "State" includes any Territory or possession of the United States."
23 "11(e) The term "Federal Area" means any lands or premises held or acquired by or for the use of the United
24 States or any department, establishment, or agency of the United States; and any Federal area, or any part
25 thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located
26 within such State."
27 The Social Security Department created 10 social security districts which like a thin plastic sheet overlay all the
28 50 states of the union. This creates a "fictional federal state within a state," for the purposes of applying the "Public
29 Salary Tax Act" to these areas.
30 "There has been created a fictional Federal "state within a state."
31 [Howard v. Commissioners of Sinking fund of Louisville, 344 U.S. 624, 73. S.Ct. 465, 476, 97 L.Ed. 617 (1953);
32 Schwartz v. O’Hara TP. School Dist., 100 A.2d. 621, 625, 375 Pa. 440]
33 (Compare also 31 C.F.R. Part 51.2 and 52.2, which also identifies a fictional State within a state.)
34 This fictional "State" is identified by the use of two-letter abbreviations like ‘WA", "OR", "ID", "AZ", and "TX"
35 as distinguished from the authorized abbreviations like "Wash.", etc. This fictional State also uses a ZIP Codes
36 which are within the municipal, exclusive legislative jurisdiction of Congress.
37 There is a vestige of State sovereignty remaining which cannot be acquired by the United States (District of
38 Columbia) because of the limitation of the United States to powers delegated under the Constitution. See Cal. 7
39 Ops Atty Gen. 628; 37 Am. Jur, Municipal Corp sections 23, 26; Wichita Falls v. Bowen, 143 Tex. 45, 182
40 S.W.2d., 154, A.L.R. 1434; 62 Corpus Juris Secundum (C.J.S.), Mun. Corp. section 46, page 133; Norfolk County
41 v. Portsmouth, 186 Va. 1032, 45 S.E.2d. 136; Anchorage v. Akers, (D.C. Alaska), 100 F.Supp. 2; Kiker v.
42 Philadelphia, 346 Pa. 624, 31 A.2d. 289.
18 Every U.S. [federal government public officer] person who makes under this title a return, statement, or other
19 document must furnish its own taxpayer identifying number as required by the forms and the accompanying
20 instructions. A U.S. person whose number must be included on a document filed by another person must give the
21 taxpayer identifying number so required to the other person on request.
22 For penalties for failure to supply taxpayer identifying numbers, see sections 6721 through 6724. For provisions
23 dealing specifically with the duty of employees with respect to their social security numbers, see Sec. 31.6011(b)-
24 2 (a) and (b) of this chapter (Employment Tax Regulations). For provisions dealing specifically with the duty of
25 employers with respect to employer identification numbers, see Sec. 31.6011(b)-1 of this chapter (Employment
26 Tax Regulations).
28 The provisions of paragraph (b)(1) of this section regarding the furnishing of one's own number shall apply to
29 the following foreign persons--
30 (i) A foreign person that has income effectively connected with the conduct of a U.S. trade or business at
31 any time during the taxable year;
32 (ii) A foreign person that has a U.S. office or place of business or a U.S. fiscal or paying agent at any time
33 during the taxable year;
35 (iv) A foreign person that makes a return of tax (including income, estate, and gift tax returns), an amended
36 return, or a refund claim under this title but excluding information returns, statements, or documents;
38 (vi) A foreign person that furnishes a withholding certificate described in Sec. 1.1441-1(e)(2) or (3) of this
39 chapter or Sec. 1.1441-5(c)(2)(iv) or (3)(iii) of this chapter to the extent required under Sec. 1.1441-1(e)(4)(vii)
40 of this chapter;
41 (vii) A foreign person whose taxpayer identifying number is required to be furnished on any return, statement,
42 or other document as required by the income tax regulations under section 897 or 1445. This paragraph
43 (b)(2)(vii) applies as of November 3, 2003; and
44 (viii) A foreign person that furnishes a withholding certificate described in Sec. 1.1446-1(c)(2) or (3) of this
45 chapter or whose taxpayer identification number is required to be furnished on any return, statement, or other
46 document as required by the income tax regulations under section 1446. This paragraph (b)(2)(viii) shall apply
47 to partnership taxable years beginning after May 18, 2005, or such earlier time as the regulations under Sec.
48 Sec. 1.1446-1 through 1.1446-5 of this chapter apply by reason of an election under Sec. 1.1446-7 of this chapter.
8 "In State ex rel. Best v. Superior Court, supra, we said (pp. 240, 241), ". . . By the enabling act, Washington was
9 authorized to a adopt a constitution, establish a state government, and was admitted into the Union upon equal
10 footing with the original states, which carried with it the full power of enacting laws against crimes and punishing
11 all those within her borders who might transgress such laws, be they citizens or not. This must be so, since the
12 state became sovereign, with full power, except those powers which had been delegated to the national
13 government. And relator has not contended, and cannot contend, that any power was ever delegated to the
14 national government to enact or enforce or enforce criminal laws applicable within the territorial limits of any
15 state, except those portions thereof which were exclusively within the jurisdiction of the Federal government,
16 such as Indian reservations and the like. . . ."
17 [In Re Wesley v. Schneckloth, 55 Wn. (2d) 90, 98 [No. 34127. En Banc. November 19, 1959.]]
18 _____________________________________________________________________________________
19 "Both parties agreed that, prior to the passage of the Buck Act (1940) 4 U.S.C.A. SSSS 105-110, the various states
20 of the Union had no legal basis for imposing a tax on the activities of a business or individual, when such activities
21 were carried on exclusively within the confines of a federal reservation. They are also in agreement that the
22 effect of the Buck Act was to grant to the states certain taxing powers. This is specifically provided in 4 U.S.C.A.
23 4 106:
24 (a) No person shall be relieved from liability for any income tax levied by any State, or by any duly constituted
25 taxing authority therein, having jurisdiction to levy such a tax, by reason of his residing within a Federal area
26 or receiving income from transactions occurring or services performed in such area; and such State or taxing
27 authority shall have full jurisdiction and powers to levy and collect such tax in any Federal area within such
28 State to the same extent and with the same effect as though such area was not a Federal area." Alaska v. Baker,
29 64 Wn.2d. 207, 390 P.2d. 1009 (1964)
30 "The area within, and under, the jurisdiction of a state may come under the exclusive jurisdiction of the United
31 States by purchase by the Federal Government for a purpose prescribed by the Federal Constitution and with the
32 consent of the state, or by cession of exclusive jurisdiction by the state to the United States. In either event, the
33 land acquires a territorial status and ceases to be a part of the state, either territorially or jurisdictionally.
34 Concessions Co. v. Morris, 109 Wash. 46, 186 Pac. 655."
35 [Ryan v. State, 188 Wash. 115, 130 [No. 26060. En Banc. October 28, 1936.]]
36 ______________________________________________________________________________________
37 "Irrespective of what tax is called by state law, if its purpose is to produce revenue, it is income tax or receipts
38 tax Under Buck Act [4 U.S.C.S. sections 105-110]."
39 [Humble Oil & Refining Co. v. Calvert, (1971) 464 S.W.2d 170, affd. (Tex.) 478 S.W.2d 926, cert den. 409 U.S.
40 967, 34 L.Ed.2d 234, 93 S.Ct. 293]
41 There is NO doubt that the fictional Federal Municipal Statutory State OF WASHINGTON is attempting to
42 impose directly a "USE" tax (excise) under the provision of 4 U.S.C.S. Section 105 which states in pertinent part:
43 4 U.S.C. Flag and Seal, Seat of Government, and the States
44 "Section 105. State and so forth, taxation affecting Federal Areas; sales and use tax.
45 (a) No person shall be relieved from liability for payment of, collection of, or accounting for any sales or use tax
46 levied by any State, or by any duly constituted taxing authority therein, having jurisdiction to levy such tax, on
47 the ground that the sale or use, with respect to which tax is levied, occurred in whole or in part within a Federal
48 area; and such State or taxing authority shall have full jurisdiction and power to levy and collect any such tax in
49 any Federal area, within such State to the same extent and with the same effect as though such area was not a
50 Federal area."
51 "A "Federal area" is any area designated by any agency, Division, or establishment of the federal government.
52 This includes the Social Security areas designated by the Social Security Administration, any public housing area
53 that has federal funding, a home that has a federal bank loan, a road that has federal funding, and almost
54 everything that the federal government touches through any type of aid." Springfield v. Kenny, (1951 App.) 104
55 N.E.2d. 65
Corporatization and Privatization of the Government 291 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 This "Federal area" attaches to anyone who has and "uses" a social security number or any personal "minimal
2 contacts" with the federal or State governments. Thus, the federal government has usurped the sovereignty of the
3 People and state sovereignty by creating these "fictional federal areas" within the boundaries of the state under
4 the authority of the Federal Constitution, Article IV, Section 2 which reads:
5 "The Congress shall have power to dispose of and make all needfull rules and regulations respecting the territory
6 or other property belonging to the United States, and nothing in this Constitution shall be so construed as to
7 prejudice any claims of the United States, or of any particular state."
8 "Therefore, the U.S. citizens [citizens of the District of Columbia] residing in one of the states of the union, are
9 classified as property and franchises of the federal government as an "individual entity."
10 [Wheeling Steel Corp. v. Fox, 298 U.S. 193, 80 L.Ed. 1143, 56 S.Ct. 773]
11 "A "U.S. Citizen" upon leaving the District of Columbia becomes involved in "interstate commerce", as a
12 "resident" does not have the common-law right to travel, of a Citizen of one of the several states."
13 [Hendrick v. Maryland, S.C. Reporter’s Rd. 610-625. (1914)]
14 "The governments of the united States and each of the several states are distinct from one another. The rights of
15 a citizen under one may be quite different from those which he has under the other."
16 [Colgate v. Harvey, 296 U.S. 404]
17 "Both before and after the Fourteenth Amendment to the federal Constitution, it has not been necessary for a
18 person to be a citizen of the United States in order to be a citizen of his state."
19 [United States v. Cruikshank, 92 U.S. 542, 549, 23 L.Ed. 588 (1875)]
20 "The several states are sovereign "countries" and the "United States Government is a foreign corporation with
21 respect to a state."
22 [81 Corpus Juris Secundum (C.J.S.) 896, 102 Stat. 4673, 100-702 Sec. 1022 Laws of 100th Congress. -2nd sess.,
23 N.y. - In Merriam, 36 N.E. 505, 141 N.Y. 479, affirmed 16 S.Ct.1073, 163 U.S. 625, 41 L.Ed. 287, 20 Corpus Juris
24 Secundum (C.J.S.) 1786]
26 Citizen and Resident are not synonymous terms, domicile and residence are not synonymous, therefore a Citizen
27 is a nonresident. Bouvier’s, Blacks, Ballentine’s Law Dictionaries.
28 "Residence or doing business in a hostile territory is the test of an "alien enemy: within meaning of Trading with
29 the Enemy Act and Executive Orders thereunder."
30 [Executive Order March 11, 1942. No. 9095, as amended 50 U.S.C.A. Appendix 6: Trading with the enemy Act 5
31 (b). In re Oneida Nat. Bank & Trust Co. of Utica, 53 N.Y.S. 2d 416, 420, 421, 183 Misc. 374]
32 "By the modern phrase, a man who resides under the allegiance and protection of a hostile state for commercial
33 purposes is to be considered to all civil purposes as much as an ‘alien enemy’ as if he were born there."
34 [Hutchinson v. Brock, 11 Mass. 119, 122]
42 Also see Internal Revenue Code, Section 7408(c) and Art. 1, Section 8, Clause 17 Constitution for the United
43 States of America as defined and reinstated in National Mutual Insurance Company of the District of Columbia,
44 337 U.S. 582, 93 L.Ed. 1556 (1948) and further states that citizens of the District of Columbia are not embraced
45 by the judicial power under Article III of the Constitution for the United States of America, the same statement is
46 held in Hepburn v. Dundas v. Elizey, 2 Cranch (U.S.) 445, 2 L.Ed. 332.; In 1804, the Supreme Court, through
47 Chief Justice Marshall, held that a citizen of the District of Columbia was not a citizen of a state.
Corporatization and Privatization of the Government 292 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 In National Mutual Insurance Company of the District of Columbia v. Tidewater Transfer Company, (SUPRA):
2 "We therefore decline to overrule the opinion of Chief Justice Marshall, and we hold that the District of Columbia
3 is not a state within Article 3 of the Constitution. In other words cases between citizens of the District and those
4 of the states were not included of the catalogue of controversies over which the Congress could give jurisdiction
5 to the federal courts by virtue of Article 3.”
6 [National Mut Ins Co of District of Columbia v. Tidewater Transfer Co Inc, 337 U.S. 582, 69 S.Ct. 1173, 93 L.Ed.
7 1556 (1949)]
8 In other words Congress has exclusive legislative jurisdiction over citizens of Washington District of Columbia
9 and through their plenary power nationally covers those citizens even when in one of the several states as though
10 the district expands for the purpose of regulating its citizens wherever they go throughout the states in union. And
11 furthermore, there is a limitation of power defined as follows:
12 4 U.S.C. §71. Permanent seat of Government
13 All that part of the territory of the United States included within the present limits of the District of Columbia
14 shall be the permanent seat of government of the United States.
15 (July 30, 1947, chapter 389, 61 Stat. 643.)
17 All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere,
18 except as expressly provided by law.
19 (July 30, 1947, chapter 389, 61 Stat 643.)
21 It is shown that Fourteenth Amendment citizens/subjects are artificial persons created by the legislature
22 (Congress) and cannot claim protections secured by Article IV, section 2.
23 III. Who are Citizens – 1. "Corporations as Citizens. – Corporations are not citizens within the meaning of this
24 clause. The term ‘citizen’ as there used applies only to natural persons, members of the body politic owing
25 allegiance to the state, not to artificial persons created by the legislature and possessing only the attributes which
26 the legislature has prescribed."
27 [Volume IX 1888 Fed. Stats. Page 162]
28 "To aliens we extend these privileges (citizenship via Fourteenth Amendment) by courtesy; to others we secure
29 them--" (emphasis Added..)
30 [Van Valkenburg v. Brown, 43 Cal. Supreme Ct. 43, 48 (1872)]
32 So you can further understand the word Alien Enemy and what it means to be declared an enemy of the
33 government, read the following definitions: The phrase Alien Enemy is defined in Bouvier’s Law Dictionary as :
34 "One who owes allegiance to the adverse belligerent."
35 [1 Kent 73]
36 "He who owes a temporary but not a permanent allegiance is an alien enemy in respects to acts done during such
37 temporary allegiance only; and when his allegiance terminates, his hostile character terminates also;
38 [1 B. & P. 163]
39 "Alien enemies are said to have no rights, no privileges, unless by the king’s favor during time of war;”
40 [1 Bla.Com. 372; Bynkershoek 195; 8 Term 166]
41 "The phrase Alien Enemy is defined in Words and Phrases as: Residence of person in territory of nation at war
42 with United States was sufficient to characterize him as "alien enemy" within Trading with the Enemy Act, even
43 if he had acquired and retained American citizenship."
44 [Matarrese v. Matarrese, 59 A.2d. 262, 265, 142 N.J.Eq. 226]
9 In order to use a civil process to enforce a private right, there must be an agreement upon which the private right
10 is alleged. The R.C.W. is a compilation of private [laws](sic) Copyrighted Codes intended to govern the members
11 of the private corporation "forum state" known as "STATE OF WASHINGTON". STATE OF WASHINGTON
12 having left any previously held plain of sovereignty to take on the status of a private corporation.
13 "It is for some purposes, although not others, treated as a "person." When the United States enters into a
14 commercial business, it abandons its sovereign capacity and is to be treated like any other corporation."
15 [91 Corpus Juris Secundum (C.J.S.), United States, §4]
18 The term "person" may be construed to include the United States, this state, or any state or territory, or any
19 public or private corporation or limited liability company, as well as an individual.
20 The definition would not include this state IF this state was Sovereign.
21 "In Common Usage, the term "person" does not include the sovereign and statute employing it will ordinarily not
22 be construed to do so."
23 [U.S. v. United Mine Workers of America, U.S. 258,91]
24 See also United States v. Fox, 94 U.S. 315. The "person" liable to the R.C.W. is a legal fiction. R.C.W. §9A.04.110
25 (17)
26 "Person", "he", and "actor" include any natural person and, where relevant, a corporation, joint stock
27 association, or an unincorporated association”
30 The term "person" as used in the R.C.W. is always a fictional entity. See also cannon of statutory construction
31 Ejusdem Generis to wit:
32 "Of the same kind, class or nature. In the construction of laws, wills, and other instruments, the "ejusdem generis
33 rule" is that where general words follow an enumeration of persons or things, by words of a particular and
34 specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying
35 only to persons or things of the same general kind or class as those specifically mentioned. U.S. v. LaBrecque"
36 [Black’s Law Dictionary, Sixth Edition]
7 ______________________________________________________________________________________
8 "The state acts in two capacities: governmental and proprietary. The distinction between the two is best stated in
9 Cincinnati v. Cameron, 33 Ohio St. 336, approved by this court in Seattle v. Stirrat, 55 Wash. 560, 104 Pac. 834,
10 30 L.R.A. (N.S.) 1275:
11 "In its governmental or public character, it represents the state, while in the other it is a mere private corporation.
12 As a political institution, the municipality occupies a different position, and is subject to different liabilities from
13 those which are imposed upon the private corporation. But because these two characters are united in the same
14 legal entity, it does not follow that the shield which covers the political equally protects the private corporation."
15 [Strand v. State, 16 Wn.(2d) 107, 116 (January 6, 1943)]
23 I am not a member of, nor do I have allegiance to, the Federal Conterminous United States of America, or its
24 instrumentalities known as "WA," "OR," "AK," "CA," or "MO" further defined by Zone Improvement Plan Codes
25 [ZIP Codes] for federal areas. See Minimum Contacts Doctrine for judicial notice, not cited. The Defendant has
26 no (corporate) STATE OF WASHINGTON address, does not reside in the STATE OF WASHINGTON or
27 "WITHIN" any federal areas within the exterior boundaries of "THE STATE," and only occasionally obtains
28 postal matter at general delivery or P.O. Boxes in Five (5) different states, as he travels through Washington, the
29 republic.”
30 Instead, you as a non-member and non-officer of the federal municipal corporation are an internationally protected
31 person (18 U.S.C. §112) who is neither a "RESIDENT", nor [c]itizen, of the Federal Municipal Corporation AKA
32 "STATE OF WASHINGTON", nor the UNITED STATES. As such you have no ‘minimal contracts’ which are
33 made with the STATE OF WASHINGTON, or STATE OF OREGON which the Supreme Court concludes is
34 dispositive per Asahi Metal Industry Co., Ltd. v. Superior Court of California, (1987) 480 U.S. 102, 107 S.Ct.
35 1026; Burger King Corporation v. John Rudzewicz, (1985) 471 U.S. 462, 105 S.Ct. 2174; World Wide
36 Volkswagen Corp. v. Woodson, (1980) 444 U.S. 286. 100 S.Ct. 559, 62 L.Ed.2d. 490; International Shoes Co. v
37 Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95; Shaffer v. Heitner, (1977) 433 U.S. 186.
38 As a "STATELESS" Sovereign, your right of travel is guaranteed by the Northwest Ordinance which guarantees
39 that the waterways shall FOREVER BE FREE the same as the HIGHWAYS and the United Nations Treaty, to
40 which the United States is a signatory (United Nations Declaration of Rights).
41 "U.S. Va. 1796. The provision of the constitution of the United States that all treaties made, or which shall be
42 made, under the authority of that government, shall be the supreme law of the land, extends not only to treaties
43 thereafter made, but also to those in existence when the constitution was ratified by the several legislatures."
44 [Ware v. Hylton, 3 U.S. 199, 3 Dall. 199, 1 L.Ed. 568]
45 “U.S.La. 1836. Congress cannot by legislation enlarge the federal jurisdiction, and it cannot be enlarged under
46 the treaty making power."
47 [Mayor, Alderman and Inhabitants of City of New Orleans v. U.S., 35 U.S. 662, 10 Pet. 662, 9 L.Ed. 573]
48 "U.S.Mo. 1920. Valid treaties are binding within the territorial limits of the states as throughout the dominion of
49 the United States."
50 [State of Mo. v. Holland, 40 S.Ct. 382, 252 U.S. 416, 64 L.Ed. 641, 11 A.L.R. 984]
4 As such, you are a member of a foreign government and qualifies for protection from the State of Washington, as
5 "any other representative " Statute at Large 15, of said body of insurgents (who are peaceful in their actions)
6 [18 U.S.C. §1116 (b)(4)(B)] and is entitled to "special protection" from the State of Washington or State of
7 Oregon, both Federal Municipal Corporations. This court lacks subject and personam jurisdiction over the
8 Defendant, and Personam jurisdiction over the Defendant for the charges against him. The Plaintiff bears the
9 burden of proof of jurisdiction and statutory authority.
10 The word "territory" should not go without mention because of its use in connection with the word state. Like the
11 word state, the word territory has more than one meaning. Sometimes it is referring strictly to the geographical
12 boundaries of a state, but most often it is used in the combined sense of both jurisdiction and a geographical
13 boundary.
14 Since both the government of the state and "We, the people" of the State exist as states simultaneously within the
15 same geographical territory of a state, then, it is obvious that the territory of a state must mean something more
16 than just a geographical boundary. This is a reasonable conclusion because Black's defines the term "Territory"
17 as:
18 "Territory: A part of a country separated from the rest, and subject to a particular jurisdiction. Geographical
19 area under the jurisdiction of another country or sovereign power.
20 A portion of the United States not within the limits of any state, which has not yet been admitted as a state of the
21 Union, but is organized with a separate legislature, and with executive and judicial powers appointed by the
22 President."
23 [Black's Law Dictionary, Sixth Edition, p. 1473]
24 The above fraud of the "Territory of Washington" is further evidenced on the 13th day in the month of December
25 in the year A.D. 1889 in the session laws of 1889 (page 94).
26 The courts unlawfully order by rule the wrong style of process and order up unconstitutional seals. The judicial
27 operates under "STATE OF WASHINGTON" meaning "territory of Washington" as defined under "Act of Dec.
28 13, page 94, Session Laws 1889-90, Resolution 33, 1889-90 and Article 27 Const. of WA," and two
29 unconstitutional state statutes, creating the superior and supreme courts by statute without authority of law. This
30 usurpation making or retaining a "Federal Territorial" jurisdiction unlawfully subjecting We, the People, the
31 Posterity of the framers of the Constitution for the united States of America and subject to the principals of the
32 Unanimous Declaration of the 13 united States of America, enacted the 4th day of July, A.D. 1776, to be not
33 within the equal footing doctrine guaranteed by the Enabling Act of "Congress" and the Constitution of 1787, as
34 amended 1791, to suffer martial law rule, (no law at all), no Republic and other peonage by you perpetrators
35 pretending to be operating under the law of We, the People, the State of Washington.
36 The First Session Laws of 1889_90, at page 26, of the "phony legislature" for the Corporation AKA "STATE
37 OF WASHINGTON" pretended to enact provisions to purchase Barton's Hand Book and "pretend" Legislature
38 Manual of Washington. At page 37 of this book are the words "STATE OF WASHINGTON," prefacing by itself,
39 the Enabling Act and the Constitution. The intent of Senate Joint Resolution No. 33, page 792 of the Session
40 Laws of 1889_90, was carried to its completion. The original and independent authority, of Article XXVII of the
41 constitution was used to create a parallel government which is in fact and law a "Federal Municipal Corporation"
42 pretending to be our lawful government not authorized by the Constitution and certainly not republican in form.
43 The unconstitutional legislatively created "statutory courts," with no constitutional Power, can only take
44 "jurisdiction in the premises" of the case which is the law (private law) and copyrighted by West publishing of the
45 case or at law and only hear the issue as predicated through the syllogisms in the complaint as purviewed through
9 If “The State of Washington” or Oregon government had been established according to law, (the Constitution for
10 the State of Washington) or Oregon) the Superior and Supreme Courts would not need a statute to operate under
11 and they would take jurisdiction in law not in the premises (see, In Re Rafferty, and other cases), all process and
12 prosecutions would be in the style and modes as mandated by the People in the Constitution. The issues would be
13 heard under the rules of common-law. The Fundamental Common Law, (the law of God and His nature) would
14 be the prevailing factor, along with the lawful Statutes of the Legislature would be the law in the courts, not the
15 R.C.W.. Article IV, Section 24, mandates the superior courts promulgate and establish their own rules, the courts
16 would declare the law, the juries, (12 Men, common-law rule), would rule on the law and the facts in all cases
17 AND BE INSTRUCTED THAT THEY HOLD THE POWER AND THE RIGHT TO DO SO, each county under
18 the rule of the common law would need different rules as the common law of each county would evolve somewhat
19 different from the others. There would be Citizen Grand Jury investigations of violations of law instead of coroners
20 and police inquest and trials with 6 chainmen (persons) advising the harbor master ("judge") on facts pertaining
21 to the territorial maritime code violations. We, the People, would be self-governing, with true Liberty and justice
22 for all, IN EQUITY AND ALL, THE COURTS WOULD DECLARE THE LAW, not rule on code violations.
23 You should deny all venue and jurisdiction to this state, within this state, in this state, state and STATE OF
24 WASHINGTON OR WA, and the same argument applies to Oregon, State of Oregon, or "STATE OF OREGON",
25 OR, ALL THESE TERMS MEANING TERRITORY OF WASHINGTON OR OREGON AN
26 INSTRUMENTALITY OF THE UNITED STATES.
33 If a little "reason," "logic" and common sense is applied to the foregoing definition of the word "territory," one
34 can easily see that the Constitution for The State of Washington created "a particular jurisdiction" in a "part of a
35 country [state] separated from the rest," in a "Geographical area under the jurisdiction of another....sovereign
36 power." In other words, "We, the People," the "sovereign power" "of The State of Washington created an entity
37 known as the government of The State of Washington, which is "a particular jurisdiction" "separated from" "We,
38 the People" in the "Geographical area" known as The State of Washington. However you rascals, not the People
39 attempted to create a false government and almost got away with it, foisting STATE OF WASHINGTON off as
40 The State of Washington.
5 "A vested right of action is Property in the same sense in which tangible things are property, and is equally
6 protected against interferences. Where it springs from contract, or from the principles of common law, it is not
7 competent for the legislature to take it away." Williams v. Atlantic C.L.R.R., 153 N.C. 360, 69 S.E. 402 (1910)
8 (Case note to North Carolina G.S. 12-3 "Statutory Construction").
9 "The following shall be exempt from the requirements of registration and the certificate of title:
10 1.) Any such vehicle driven or moved upon the highway in conformance with the provisions of this Article relating
11 to manufacturers, dealers, or nonresidents."
12 2.) Any such vehicle which is driven or moved upon a highway only for the purpose of crossing such highway
13 from one property to another. ****20-51(1)(2)(comment: not driven or moved upon the highway for transporting
14 persons or property for-profit.)
15 See:
16 California Motor Vehicle Code, section 260: Private cars/vans etc. not in commerce / for-profit, are immune to
17 registration fees:
18 (a) A "commercial vehicle" is a vehicle of a type REQUIRED to be REGISTERED under this code".
19 (b) "Passenger vehicles which are not used for the transportation of persons for hire, compensation or profit, and
20 housecars, are not commercial vehicles".
22 ______________________________________________________________________________________
23 "A vehicle not used for commercial activity is a "consumer goods", ...it is NOT a type of vehicle required to be
24 registered and "use tax" paid of which the tab is evidence of receipt of the tax."
25 [Bank of Boston v. Jones, 4 U.C.C.Rep.Serv. 1021, 236 A.2d. 484, U.C.C. PP 9-109.14]
26 "It is held that a tax upon common carriers by motor vehicles is based upon a reasonable classification, and does
27 not involve any unconstitutional discrimination, although it does not apply to private vehicles, or those used by
28 the owner in his own business, and not for hire."
29 [Desser v. Wichita, (1915) 96 Kan. 820; Iowa Motor Vehicle Asso. v. Railroad Comrs., 75 A.L.R. 22]
31 The Clearfield Doctrine, as set forth in Clearfield Trust Co. v. United States, 318 U.S. 363-371, states:
32 "Governments descend to the level of mere private corporation, and take on the characteristics of a mere private
33 citizen where private corporate commercial paper (Federal Reserve Notes) and securities (checks) is concerned.
34 ...For purposes of suit, such corporations and individuals are regarded as entities entirely separate from
35 government."
36 [Bank of United States v. Planter’s Bank, 9 Wheaton (22 U.S.) 904, 6 L.Ed. 24]
37 "Governments lose their immunity and descend to level of private corporations when involved in commercial
38 activity enforcing negotiable instruments, as in fines, penalties, assessments, bails, taxes, the remedy lies in the
39 hand of the state and its municipalities seeking remedy."
40 [Rio Grande Lumber Co. v. Darke, 50 Utah 114, 167 P. 241]
41 "It is for some purposes, although not others, treated as a "person." When the United States enters into a
42 commercial business, it abandons its sovereign capacity and is to be treated like any other corporation."
43 [91 Corpus Juris Secundum (C.J.S.), United States, Section 4]
44 “The term "person" may be construed to include the United States, this state, or any state or territory, or any
45 public or private corporation or limited liability company, as well as an individual.”
46 [R.C.W. §1.16.080(1)]
3 Private corporations and their officers are not immune from civil damages.
4 "The principles of estoppel apply against the state as well as individuals."
5 [Cal. v. Sims, 32 Cal.3d 468]
6 "It being impossible to obtain the remedy sought, the state and their agencies/municipalities being impotent to
7 enforce their judgments/decrees and thus should not even exercise their otherwise ‘general’ jurisdictions."
8 [Louisiana v. NAL, 106 La. 621]
11 "A law which restricts their power to render and enforce a judgment is therefore a limitation upon the exercise
12 of jurisdiction; and a law which destroys or impairs the effect which their judgments without such law would
13 have, is equally so."
14 [Fordyce v. Beecher, 2 Tex.Civ.App. 29, 31]
15 "Unable to ‘comply’”
16 [31 A.L.R. 649]
17 "...to comply is impossible, made so by the failure of the state in its constitutional duty, U.S. Const. 1: 10:1, the
18 remedy resting in the hands of the state."
19 [Rio Grande Lumber Co. v. Darke, 50 Utah 114, 167 P. 241]
21 All the tax protesters and all the tax gurus are absolutely wrong and don’t know what they are talking about.
22 (Excuse my language, but by now you should be as pissed off as I am at all the legal lunatics we have been getting
23 bad advice from).
24 At first the truth will definitely piss you off. Then it will eventually set you free.
26 Government-issued identification is the method by which most people in private industry authenticate the identity
27 of the holder. This authentication usually occurs in the context of a commercial transaction of some kind in order
28 to prevent fraud and to secure the transaction in case the services contracted are not paid for or the contract terms
29 are violated. The issuance of government ID therefore constitutes a formal recognition of the legitimacy of the
30 identity of a person by the government involved.
31 The primary method of issuing government identification documents is at the state level by the issuance of either
32 a driver’s license or a state ID, both of which are issued usually by the Department of Motor Vehicles within the
33 corporate and not de jure state. In all cases we are familiar with, these government issued driver’s licenses and
34 state ID’s may only be issued to persons who have a “domicile” within the CORPORATE and not DE JURE
35 “State”, and who therefore consent or agree to be subject to the civil laws and “employment agreement” applying
36 to officers of that state:
37 California Vehicle Code
38 516. "Resident" means any person who manifests an intent to live or be located in this state on more than a
39 temporary or transient basis. Presence in the state for six months or more in any 12-month period gives rise to
40 a rebuttable presumption of residency.
89
Adapted from Section 7.7 of Government Establishment of Religion, Form #05.038; http://sedm.org/Forms/FormIndex.htm.
15 12505. (a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined
16 as a person's state of domicile. "State of domicile" means the state where a person has his or her true, fixed,
17 and permanent home and principal residence and to which he or she has manifested the intention of returning
18 whenever he or she is absent.
19 Prima facie evidence of residency for driver's licensing purposes includes, but is not limited to, the following:
20 (A) Address where registered to vote.
21 (B) Payment of resident tuition at a public institution of higher education.
22 (C) Filing a homeowner's property tax exemption.
23 (D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.
24 (2) California residency is required of a person in order to be issued a commercial driver's license under this
25 code.
26
27 (b) The presumption of residency in this state may be rebutted by satisfactory evidence that the licensee's
28 primary residence is in another state.
29 (c) Any person entitled to an exemption under Section 12502, 12503, or 12504 may operate a motor vehicle in
30 this state for not to exceed 10 days from the date he or she establishes residence in this state, except that he or
31 she shall obtain a license from the department upon becoming a resident before being employed for compensation
32 by another for the purpose of driving a motor vehicle on the highways.
33 [SOURCE: http://www.leginfo.ca.gov/cgi-
34 bin/waisgate?WAISdocID=49860512592+2+0+0&WAISaction=retrieve]
35 Most private organizations will not accept privately issued ID or anything other than government issued ID, which
36 in turn implies that only those who possess government issued ID within a jurisdiction may engage in commerce
37 within that same jurisdiction. In that sense, commerce within any jurisdiction is made into a “privilege” and a
38 franchise that is only available to those who consent to choose a domicile within the Statutory State because state-
39 issued ID is not available to those with no domicile within the Statutory State. The problem with this approach is
40 that:
41 1. Having a domicile within a jurisdiction has nothing to do with maintaining safe roads that are the goal of “driver’s
42 licenses”, and is therefore IRRELEVANT to the licensing or qualification process.
43 2. Those with no domicile within the jurisdiction where they physically are called “strangers” in the Bible, and the Bible
44 forbids oppressing or discriminating against strangers and requires that citizens and strangers be treated EQUALLY.
45 Refusing to issue IDs to strangers certainly constitutes “oppression” within the Biblical context:
46 “You shall neither mistreat a stranger nor oppress him, for you were strangers in the land of Egypt.
47 [Exodus 22:21, Bible, NKJV]
48
49 “One law shall be for the native-born and for the stranger who dwells among you.”
50 [Exodus 12:49, Bible, NKJV]
51 Based on the above, the government has turned “oppressing strangers” into the source of nearly all of its jurisdiction by
52 denying IDs to those who prefer to remain “strangers” and “transient foreigners” rather than “citizens”, “residents”, or
53 “inhabitants”. In that sense, they are interfering with free religious exercise, because the Bible COMMANDS Christians
54 to remain “strangers”:
55 "Adulterers and adulteresses! Do you not know that friendship [and "citizenship"] with the world [or the
56 governments of the world] is enmity with God? Whoever therefore wants to be a friend ["citizen" or
57 "taxpayer" or "resident" or "inhabitant"] of the world makes himself an enemy of God."
2 3. Choice of domicile is a protected First Amendment choice of political association. The choice of legal domicile cannot
3 lawfully be compelled by the government, because that would violate the First Amendment prohibition against
4 “compelled association”:
5 “The right to associate or not to associate with others solely on the basis of individual choice, not being absolute,
6 may conflict with a societal interest in requiring one to associate with others, or to prohibit one from associating
7 with others, in order to accomplish what the state deems to be the common good. The Supreme Court, though
8 rarely called upon to examine this aspect of the right to freedom of association, has nevertheless established
9 certain basic rules which will cover many situations involving forced or prohibited associations. Thus, where a
10 sufficiently compelling state interest, outside the political spectrum, can be accomplished only by requiring
11 individuals to associate together for the common good, then such forced association is constitutional. 90 But the
12 Supreme Court has made it clear that compelling an individual to become a member of an organization with
13 political aspects, or compelling an individual to become a member of an organization which financially
14 supports, in more than an insignificant way, political personages or goals which the individual does not wish
15 to support, is an infringement of the individual's constitutional right to freedom of association. 91 The First
16 Amendment prevents the government, except in the most compelling circumstances, from wielding its power to
17 interfere with its employees' freedom to believe and associate, or to not believe and not associate; it is not merely
18 a tenure provision that protects public employees from actual or constructive discharge. 92 Thus, First
19 Amendment principles prohibit a state from compelling any individual to associate with a political party, as a
20 condition of retaining public employment. 93 The First Amendment protects nonpolicymaking public employees
21 from discrimination based on their political beliefs or affiliation. 94 But the First Amendment protects the right
22 of political party members to advocate that a specific person be elected or appointed to a particular office and
23 that a specific person be hired to perform a governmental function. 95 In the First Amendment context, the political
24 patronage exception to the First Amendment protection for public employees is to be construed broadly, so as
25 presumptively to encompass positions placed by legislature outside of "merit" civil service. Positions specifically
26 named in relevant federal, state, county, or municipal laws to which discretionary authority with respect to
27 enforcement of that law or carrying out of some other policy of political concern is granted, such as a secretary
28 of state given statutory authority over various state corporation law practices, fall within the political patronage
90
Lathrop v. Donohue, 367 U.S. 820, 81 S.Ct. 1826, 6 L.Ed.2d. 1191 (1961), reh'g denied, 368 U.S. 871, 82 S.Ct. 23, 7 L.Ed.2d. 72 (1961) (a state supreme
court may order integration of the state bar); Railway Emp. Dept. v. Hanson, 351 U.S. 225, 76 S.Ct. 714, 100 L.Ed. 1112 (1956), motion denied, 351 U.S.
979, 76 S.Ct. 1044, 100 L.Ed. 1494 (1956) and reh'g denied, 352 U.S. 859, 77 S.Ct. 22, 1 L.Ed.2d. 69 (1956) (upholding the validity of the union shop
provision of the Railway Labor Act).
The First Amendment right to freedom of association of teachers was not violated by enforcement of a rule that white teachers whose children did not attend
public schools would not be rehired. Cook v. Hudson, 511 F.2d. 744, 9 Empl. Prac. Dec. (CCH) ¶ 10134 (5th Cir. 1975), reh'g denied, 515 F.2d. 762 (5th
Cir. 1975) and cert. granted, 424 U.S. 941, 96 S.Ct. 1408, 47 L.Ed.2d. 347 (1976) and cert. dismissed, 429 U.S. 165, 97 S.Ct. 543, 50 L.Ed.2d. 373, 12
Empl. Prac. Dec. (CCH) ¶ 11246 (1976).
Annotation: Supreme Court's views regarding Federal Constitution's First Amendment right of association as applied to elections and other political
activities, 116 L.Ed.2d. 997 , § 10.
91
Rutan v. Republican Party of Illinois, 497 U.S. 62, 110 S.Ct. 2729, 111 L.Ed.2d. 52, 5 I.E.R. Cas. (BNA) 673 (1990), reh'g denied, 497 U.S. 1050, 111
S.Ct. 13, 111 L.Ed.2d. 828 (1990) and reh'g denied, 497 U.S. 1050, 111 S.Ct. 13, 111 L.Ed.2d. 828 (1990) (conditioning public employment hiring
decisions on political belief and association violates the First Amendment rights of applicants in the absence of some vital governmental interest).
92
Rutan v. Republican Party of Illinois, 497 U.S. 62, 110 S.Ct. 2729, 111 L.Ed.2d. 52, 5 I.E.R. Cas. (BNA) 673 (1990), reh'g denied, 497 U.S. 1050, 111
S.Ct. 13, 111 L.Ed.2d. 828 (1990) and reh'g denied, 497 U.S. 1050, 111 S.Ct. 13, 111 L.Ed.2d. 828 (1990).
Annotation: Public employee's right of free speech under Federal Constitution's First Amendment–Supreme Court cases, 97 L.Ed.2d. 903.
First Amendment protection for law enforcement employees subjected to discharge, transfer, or discipline because of speech, 109 A.L.R. Fed. 9.
First Amendment protection for judges or government attorneys subjected to discharge, transfer, or discipline because of speech, 108 A.L.R. Fed. 117.
First Amendment protection for public hospital or health employees subjected to discharge, transfer, or discipline because of speech, 107 A.L.R. Fed. 21.
First Amendment protection for publicly employed firefighters subjected to discharge, transfer, or discipline because of speech, 106 A.L.R. Fed. 396.
93
Abood v. Detroit Bd. of Ed., 431 U.S. 209, 97 S.Ct. 1782, 52 L.Ed.2d. 261, 95 L.R.R.M. (BNA) 2411, 81 Lab.Cas. (CCH) ¶ 55041 (1977), reh'g denied,
433 U.S. 915, 97 S.Ct. 2989, 53 L.Ed.2d. 1102 (1977); Parrish v. Nikolits, 86 F.3d. 1088 (11th Cir. 1996), cert. denied, 117 S.Ct. 1818, 137 L.Ed.2d.
1027 (U.S. 1997).
94
LaRou v. Ridlon, 98 F.3d. 659 (1st Cir. 1996); Parrish v. Nikolits, 86 F.3d. 1088 (11th Cir. 1996), cert. denied, 117 S.Ct. 1818, 137 L.Ed.2d. 1027 (U.S.
1997).
95
Vickery v. Jones, 100 F.3d. 1334 (7th Cir. 1996), cert. denied, 117 S.Ct. 1553, 137 L.Ed.2d. 701 (U.S. 1997).
Responsibilities of the position of director of a municipality's office of federal programs resembled those of a policymaker, privy to confidential information,
a communicator, or some other office holder whose function was such that party affiliation was an equally important requirement for continued tenure.
Ortiz-Pinero v. Rivera-Arroyo, 84 F.3d. 7 (1st Cir. 1996).
6 4. The application for the license compels a surrender of sovereignty because it mandates the use of government issued
7 identifying numbers such as Social Security Numbers. The issuance and use of these numbers makes the holders into
8 “public officers”, fiduciaries, “trustees”, or agents of the government without compensation. See:
Resignation of Compelled Social Security Trustee, Form #06.002
http://sedm.org/Forms/FormIndex.htm
9 5. By compelling a surrender of rights and sovereignty in obtaining the ID, the government is using franchises to compel
10 the surrender of Constitutional rights, which the U.S. Supreme Court said is unconstitutional if the surrender occurred
11 on land protected by the Bill of Rights.
12 “It would be a palpable incongruity to strike down an act of state legislation which, by words of express
13 divestment, seeks to strip the citizen of rights guaranteed by the federal Constitution, but to uphold an act by
14 which the same result is accomplished under the guise of a surrender of a right in exchange for a valuable
15 privilege which the state threatens otherwise to withhold. It is not necessary to challenge the proposition that,
16 as a general rule, the state, having power to deny a privilege altogether, may grant it upon such conditions as
17 it sees fit to impose. But the power of the state in that respect is not unlimited, and one of the limitations is
18 that it may not impose conditions which require the relinquishment of Constitutional rights. If the state may
19 compel the surrender of one constitutional right as a condition of its favor, it may, in like manner, compel a
20 surrender of all. It is inconceivable that guaranties embedded in the Constitution of the United States may
21 thus be manipulated out or existence.”
22 [Frost v. Railroad Commission, 271 U.S. 583, 46 S.Ct. 605 (1926)]
23 Consequently, the only place that driver’s licenses can be issued is on federal territory not protected by the Constitution
24 and where Constitutional Rights do not exist that could be surrendered.
25 It is primarily by this method of refusing to issue ID’s to transients or persons who have no domicile or “residence”
26 in CorpGov that the government unconstitutionally compels a violation of the First Amendment by those who are
27 “transient foreigners” with respect to a jurisdiction and compels these persons to become subject to their
28 jurisdiction, “taxpayers”, “citizens”, “residents”, and “inhabitants”.
29 The Constitution requires that all persons within a jurisdiction shall have the same rights as those similarly situated
30 physically within that jurisdiction, even though they do not have a domicile in that place and are “nonresidents”:
31 American Jurisprudence 2d., Constitutional Law, §856: Residence and State Citizenship
32 In considering the application of the Equal Protection Clause of the Fourteenth Amendment to legislation
33 discriminating between the residents and nonresidents of a state, the Equal Protection Clause cannot be invoked
34 unless the action of a state denies the equal protection of the laws to persons "within its jurisdiction." If persons
35 are, however, in the purview of this clause, within the jurisdiction of a state, the clause guarantees to all so
36 situated, whether citizens or residents of the state or not, the protection of the state's laws equally with its own
37 citizens.98 A state is not at liberty to establish varying codes of law, one for its own citizens and another
96
McCloud v. Testa, 97 F.3d. 1536, 12 I.E.R. Cas. (BNA) 1833, 1996 Fed.App. 335P (6th Cir. 1996), reh'g and suggestion for reh'g en banc denied, (Feb.
13, 1997).
Law Reviews: Stokes, When Freedoms Conflict: Party Discipline and the First Amendment. 11 JL &Pol 751, Fall, 1995.
Pave, Public Employees and the First Amendment Petition Clause: Protecting the Rights of Citizen-Employees Who File Legitimate Grievances and
Lawsuits Against Their Government Employers. 90 N.W. U LR 304, Fall, 1995.
Singer, Conduct and Belief: Public Employees' First Amendment Rights to Free Expression and Political Affiliation. 59 U Chi LR 897, Spring, 1992.
As to political patronage jobs, see § 472.
97
Parrish v. Nikolits, 86 F.3d. 1088 (11th Cir. 1996), cert. denied, 117 S.Ct. 1818, 137 L.Ed.2d. 1027 (U.S. 1997).
98
Wheeling Steel Corp. v. Glander, 337 U.S. 562, 69 S.Ct. 1291, 93 L.Ed. 1544, 40 Ohio.Op. 101, 55 Ohio.L.Abs. 305 (1949).
South Carolina's exemption statute that limits exemption for personal injury awards to only South Carolina residents did not deprive a nonresident of equal
protection of the laws where the classification of residents versus nonresidents was reasonably related to the legislative purpose of protecting residents from
financial indigency, and where the classification was based upon the state's interest in preventing its citizens from becoming dependent on the state for
Corporatization and Privatization of the Government 302 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 governing the same conduct for citizens of sister states, except in a case when the apparent discrimination is
2 not to cast a heavier burden upon the nonresident in its ultimate operation than the one falling upon residents,
3 but is to restore the equilibrium by withdrawing an unfair advantage.99 On the other hand, a nonresident may
4 not complain of a restriction no different from that placed upon residents.100
5 The limitation on the right of one state to establish preferences in favor of its own citizens does not depend solely
6 on the guarantee of equal protection of the laws,101 which does not protect persons not within the jurisdiction of
7 such a state. These limitations are broader, and nonresidents of a state who are noncitizens are also–even though
8 they are not within the jurisdiction of a state, as that phrase is employed in the Equal Protection Clause–protected
9 from discrimination by Article IV, § 2 of the Federal Constitution, which secures equal privileges and immunities
10 in the several states to the citizens of each state. Moreover, any citizen of the United States, regardless of
11 residence or whether he or she is within the jurisdiction of a state, is protected in the privileges and immunities
12 which arise from his United States citizenship by the privileges and immunities clause of the Fourteenth
13 Amendment.
14 There is much authority which recognizes the right of the state under certain circumstances to classify residents
15 and nonresidents.102 Utilization of different, but otherwise constitutionally adequate, procedures for residents
16 and nonresidents does not, by itself, trigger heightened scrutiny under the Equal Protection Clause. 103 Thus,
17 reasonable residency requirements are permissible under the Equal Protection Clause in cases involving voting
support. American Service Corp. of South Carolina v. Hickle, 312 S.C. 520, 435 S.E.2d. 870 (1993), reh'g denied, (Oct. 20, 1993) and cert. denied, 510 U.S.
1193, 114 S.Ct. 1298, 127 L.Ed.2d. 651 (1994).
99
Smith v. Loughman, 245 N.Y. 486, 157 N.E. 753 (1927), cert. denied, 275 U.S. 560, 48 S.Ct. 119, 72 L.Ed. 426 (1927) and reargument denied, 247 N.Y.
546, 161 N.E. 176 (1928).
A statute requiring out-of-state hunters to be accompanied by resident guides denied equal protection; the statutory classification and its legitimate objectives
were tenuous and remote. State v. Jack, 167 Mont. 456, 539 P.2d. 726 (1975).
100
People ex rel. Salisbury Axle Co. v. Lynch, 259 N.Y. 228, 181 N.E. 460 (1932).
101
Smith Setzer &Sons, Inc. v. South Carolina Procurement Review Panel, 20 F.3d. 1311 (4th Cir. 1994); Kasom v. City of Sterling Heights, 600 F.Supp.
1555 (E.D. Mich. 1985), judgment aff'd, 785 F.2d. 308 (6th Cir. 1986).
The state had a legitimate and substantial interest in granting a preference to bidders for state highway contracts who contribute to the state's economy
through construction activities within the state. APAC-Mississippi, Inc. v. Deep South Const. Co., Inc., 288 Ark. 277, 704 S.W.2d. 620 (1986).
Classifications between resident and nonresident vendors established by a statute which gives preference to resident vendors, under certain circumstances,
when the state purchases supplies, services, and goods are rationally related to the state's legitimate interest to benefit its taxpayers, and thus do not deny
equal protection of the laws to nonresidents, even though nonresidents who maintain offices in the state and pay state taxes are accorded a preference over
other nonresidents. Gary Concrete Products, Inc. v. Riley, 285 S.C. 498, 331 S.E.2d. 335 (1985).
Note, however, that such schemes may violate the privileges and immunities clauses of Article IV, § 2 of the United States Constitution, and the Fourteenth
Amendment thereto.
102
Martinez v. Bynum, 461 U.S. 321, 103 S.Ct. 1838, 75 L.Ed.2d. 879, 10 Ed.Law.Rep. 11 (1983) (nonresident school students); Zobel v. Williams, 457
U.S. 55, 102 S.Ct. 2309, 72 L.Ed.2d. 672 (1982) (holding that new residents of a state may not be subjected to discriminatory treatment simply because of
their recent migration); Jones v. Helms, 452 U.S. 412, 101 S.Ct. 2434, 69 L.Ed.2d. 118 (1981), on remand to, 660 F.2d. 120 (5th Cir. 1981); Fireside Nissan,
Inc. v. Fanning, 30 F.3d. 206 (1st Cir. 1994) (nonresident automobile dealership owners); Mohme v. City of Cocoa, 328 So.2d. 422 (Fla. 1976), appeal after
remand, 356 So.2d. 2 (Fla. Dist. Ct. App. 4th Dist. 1977); State v. Alley, 274 A.2d. 718 (Me. 1971).
A program of state bounties for destruction of Maryland-titled junk cars was not violative of the Equal Protection Clause, despite stricter proof of ownership
requirements for out-of-state scrap processors. Hughes v. Alexandria Scrap Corp., 426 U.S. 794, 96 S.Ct. 2488, 49 L.Ed.2d. 220 (1976).
A Kansas statute and rules of court permitting an out-of-state lawyer to practice before Kansas tribunals only if he associates a member of the Kansas bar
with him, as an attorney of record, does not violate the Fourteenth Amendment either on its face or as applied to a lawyer maintaining law offices and a
practice of law both out of state and in Kansas. Martin v. Walton, 368 U.S. 25, 82 S.Ct. 1, 7 L.Ed.2d. 5 (1961), reh’g denied, 368 U.S. 945, 82 S.Ct. 376, 7
L.Ed.2d. 341 (1961).
103
Whiting v. Town of Westerly, 942 F.2d. 18 (1st Cir. 1991).
8 A statute which discriminates unjustly against residents in favor of nonresidents violates the Equal Protection
9 Clause;112 however, there must be an actual discrimination against residents in order to invalidate a statute.
10 Where residents and nonresidents are treated alike, there is no discrimination. 113 A state regulatory statute
11 exempting nonresidents does not deny the equal protection of the laws guaranteed by the Fourteenth Amendment,
12 where it rests upon a state of facts that can reasonably be conceived to constitute a distinction or difference in
13 state policy.114
104
Rosario v. Rockefeller, 410 U.S. 752, 93 S.Ct. 1245, 36 L.Ed.2d. 1 (1973), reh’g denied, 411 U.S. 959, 93 S.Ct. 1920, 36 L.Ed.2d. 419 (1973) (a 30-
day residential requirement is permissible); Marston v. Lewis, 410 U.S. 679, 93 S.Ct. 1211, 35 L.Ed.2d. 627 (1973) (a 50-day durational voter residency
requirement and a 50-day voter registration requirement for state and local elections are not unconstitutional under the Equal Protection Clause); Ballas v.
Symm, 494 F.2d. 1167 (5th Cir. 1974); Opinion of the Justices, 111 N.H. 146, 276 A.2d. 825 (1971).
A governmental unit may, consistently with equal protection requirements, legitimately restrict the right to participate in its political processes to those who
reside within its borders. Holt Civic Club v. City of Tuscaloosa, 439 U.S. 60, 99 S.Ct. 383, 58 L.Ed.2d. 292 (1978).
Excluding out-of-state property owners from voting on a water district matter while granting that right to Colorado residents who own property within the
district but who do not live within the district does not violate the Fourteenth Amendment. Millis v. Board of County Com'rs of Larimer County, 626 P.2d.
652 (Colo. 1981).
On the other hand, under the Equal Protection Clause, persons living on the grounds of the National Institutes of Health, a federal enclave situated in
Maryland, are entitled to protect their stake in elections by exercising their right to vote, and their living on such grounds cannot constitutionally be treated
as basis for concluding that they do not meet Maryland residency requirements for voting. Evans v. Cornman, 398 U.S. 419, 90 S.Ct. 1752, 26 L.Ed.2d. 370
(1970).
105
As to residence qualifications of the signers of initiative or referendum petitions, see 42 American Jurisprudence 2d., Initiative and Referendum, § 29
(1999).
106
See 63C American Jurisprudence 2d., Public Officers and Employees, §81 (1999).
107
See 47 American Jurisprudence 2d., Jury §§ 100, 147-149 (1999).
108
Memorial Hospital v. Maricopa County, 415 U.S. 250, 94 S.Ct. 1076, 39 L.Ed.2d. 306 (1974) (a state statute requiring a year's residence in a county as a
condition to an indigent's receiving nonemergency hospitalization or medical care at the county's expense is repugnant to the Equal Protection Clause); Cole
v. Housing Authority of City of Newport, 435 F.2d. 807 (1st Cir. 1970) (two-year residency requirement for eligibility for low-income housing violates the
Equal Protection Clause).
In the absence of a showing that the provisions of state statutes and of a District of Columbia statute enacted by Congress, prohibiting public assistance
benefits to residents of less than a year, were necessary to promote compelling governmental interests, such prohibitions create a classification which
constitutes an invidious discrimination denying such residents equal protection of the laws. Shapiro v. Thompson, 394 U.S. 618, 89 S.Ct. 1322, 22 L.Ed.2d.
600 (1969).
But the exclusion of migrant agricultural workers from the beneficial provisions of various federal and state statutes concerning social legislation in such
areas as unemployment compensation, minimum hours and wages, Social Security, and worker's compensation is not unconstitutional. Doe v. Hodgson, 478
F.2d. 537, 21 Wage &Hour Cas. (BNA) 23, 71 Lab.Cas. (CCH) ¶ 32909 (2d Cir. 1973), cert. denied, 414 U.S. 1096, 94 S.Ct. 732, 38 L.Ed.2d. 555, 21 Wage
&Hour Cas. (BNA) 446, 72 Lab.Cas. (CCH) ¶ 33004 (1973).
109
Vlandis v. Kline, 412 U.S. 441, 93 S.Ct. 2230, 37 L.Ed.2d. 63 (1973).
For a state university to require proof that a law student had actually secured postgraduation employment in the state as a condition precedent to granting
him residence status for purposes of tuition fees violated the Equal Protection Clause. Kelm v. Carlson, 473 F.2d. 1267, 67 Ohio.Op.2d. 275 (6th Cir. 1973).
But a state statute requiring four months' continuous residency independent of school attendance in order to establish domicil in the state for tuition purposes
does not violate the Equal Protection Clause. Thompson v. Board of Regents of University of Nebraska, 187 Neb. 252, 188 N.W.2d.840 (1971).
110
State v. Webb, 323 Ark. 80, 913 S.W.2d. 259 (1996), opinion supplemented on other grounds on denial of reh'g, 323 Ark. 80, 920 S.W.2d. 1 (1996).
111
See 51 American Jurisprudence 2d., Licenses and Permits §§ 31, 79, 121, 123 (1999); 71 Am.Jur.2d., State and Local Taxation, §172.
As to particular types of licenses or permits, see specific topics (e.g., as to fishing or hunting licenses, see 35 American Jurisprudence 2d., Fish and Game,
§§ 34, 45 (1999)).
112
Little v. Smith, 124 Kan. 237, 257 P. 959, 57 A.L.R. 100 (1927).
113
Geo. B. Wallace, Inc. v. Pfost, 57 Idaho 279, 65 P.2d. 725, 110 A.L.R. 613 (1937).
114
Allied Stores of Ohio, Inc. v. Bowers, 358 U.S. 522, 79 S.Ct. 437, 3 L.Ed.2d. 480, 9 Ohio.Op.2d. 321, 82 Ohio.L.Abs. 312 (1959).
5 The moment one becomes a “citizen”, “resident” (alien), or “inhabitant” of a jurisdiction, they no longer have
6 sovereignty or sovereign immunity under the laws of that jurisdiction. This fact is confirmed by the Foreign
7 Sovereign Immunities Act (F.S.I.A.), which says:
8
9 TITLE 28 > PART IV > CHAPTER 97 > § 1603
10 § 1603. Definitions
12 (3) which is neither a citizen of a State of the United States as defined in section 1332 (c) and (e) of this title,
13 nor created under the laws of any third country.
14 Consequently, the government, by refusing to issue ID to nonresident persons physically located within the
15 boundaries of its jurisdiction but who do not maintain a domicile there, is:
22 Those “transient foreigners” who have no domicile or “residence” within the government’s jurisdiction and who
23 therefore retain their sovereignty, when they try to assert the same right to refuse to recognize the very government
24 that refuses to recognize them, can and often are destroyed and harassed by the taxing authorities for asserting the
25 same EQUAL right that the government has asserted. This kind of hypocrisy and inequality is absolutely
26 reprehensible.
27 Now let’s apply the same EQUAL standard to the government. If all men are created equal, then no creation of a
28 single man or group of men can be delegated any more rights than a single man. Consequently, those persons
29 who wish to get together and form their own competing “state” or government and issue their own licenses and
30 ID are often discriminated against by employers, financial institutions, and governments by the following means:
31 1. Government refuses to recognize the legitimacy of the ID’s and calls them a “scam”.
32 2. Government refuses to prosecute quasi-government institutions such as banks that refuse to recognize the legitimacy of
33 the ID. This is illegal, because 31 C.F.R. §202.2 requires that all banks that are FDIC insured are considered part of the
34 government, and therefore their discrimination takes on the character of “state action” and is regulated by the
35 Constitution.
36 Our precedents establish that, in determining whether a particular action or course of conduct is governmental
37 in character, it is relevant to examine the following: the extent to which the actor relies on governmental
38 assistance and benefits, see Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478 (1988); Burton v.
39 Wilmington Parking Authority, 365 U.S. 715 (1961); whether the actor is performing a traditional governmental
40 function, see Terry v. Adams, 345 U.S. 461 (1953); Marsh v. Alabama, 326 U.S. 501 (1946); cf. San Francisco
41 Arts & Athletics, Inc. v. United States Olympic [500 U.S. 614, 622] Committee, 483 U.S. 522, 544 -545 (1987);
42 and whether the injury caused is aggravated in a unique way by the incidents of governmental authority, see
43 Shelley v. Kraemer, 334 U.S. 1 (1948). Based on our application of these three principles to the circumstances
44 here, we hold that the exercise of peremptory challenges by the defendant in the District Court was pursuant to
45 a course of state action.
46 [Edmonson v. Leesville Concrete Company, 500 U.S. 614 (1991)]
115
Schrager v. City of Albany, 197 Misc. 903, 99 N.Y.S.2d. 697 (Sup. Ct. 1950); Richter Concrete Corp. v. City of Reading, 166 Ohio.St. 279, 2 Ohio.Op.2d.
169, 142 N.E.2d. 525 (1957).
4 1. Governments want to ensure that they have a monopoly on providing “protection”, and that all those who would
5 challenge such a monopoly are criminals and are persecuted and harassed endlessly. This violates the notion of equal
6 protection of the law and constitutes hypocrisy. The main motivation for such hypocrisy is the desire to manufacture
7 more “taxpayers”, sponsors, and “citizens” who will subsidize a terrorist government to provide services that the
8 compelled participants do not want, do not need, and which are actually harmful for them.
9 2. Governments want to compel you into becoming their “employee” and “officer” and connect your otherwise private
10 property to “public office” and “public use” so they can control you and steal your property from you. This is done by
11 connecting your property to government issued identifying numbers such as Social Security Numbers and Taxpayer
12 Identification Numbers, all of which are ONLY available to “public offices” within the government and not private
13 individuals. This explains why they DEMAND a government issued number whenever you apply for their state ID.
14 3. By refusing to recognize privately issued IDs and refusing to prosecute those “public officers” under their control for
15 refusal to recognize them, they are sanctioning compelled conversion of private property to a public use and a “public
16 office” in obtaining government issued IDs. This is a criminal violation of 18 U.S.C. §654.
17 We emphasize that the central characteristic of socialism is state ownership or control over all property, and that
18 control is effected by compelling you to participate in government franchises, such as domicile, “residence”,
19 government issued ID’s, Social Security, professional licensing, etc. The method for avoiding these franchises is
20 documented below:
21 One of our readers sent us a very insightful question about the content of this section which we would like to
22 comment on:
23 QUESTION: Ultimately I am a little confused between the whole Private vs. Public thing. Ultimately hasn’t
24 everything been turned Commercial. See http://sedm.org/Forms/05-MemLaw/CorpGovt.pdf.
25 I am wondering if there is even a “Public” anymore. What we’re mistakenly calling Government apparently are
26 just Private Corporations. If everything has been turned into a Commercial World there isn’t really a Public /
27 Private anymore. It just seems just one big system as follows:
38 My question is: The Biblical principle is you owe your allegiance to your Creator.
43 I am confused. How can I claim to be a “Private Worker” working for a “Private Company” per Private Contract
44 when this "Private Company" had to get a License or get State issued Corporate Charter to do business / exist.
45 If the STATE Created them...then they are a STATE Created Entity and therefore not a Private Entity or Public
46 but just a subsidiary of the System that Created them. Therefore while I may be a Private Worker ....I am actually
4 I could claim to be a non-resident, file a W-8 BEN, etc, etc. But again ultimately I am working for a Company
5 that got created by the STATE and therefore I may as well be a STATE worker. Hence still required to pay the
6 “wage” taxes like I am still a Govt Worker.
8 ANSWER: Very interesting question! Your confusion is understandable, however, because there is a LOT to
9 learn before you can see the whole picture clearly. It took us seven years of study to reach this point so please be
10 patient with yourself. You apparently don’t understand that the Internal Revenue Code, Subtitle A tax is a tax
11 upon a “trade or business”, which is defined in 26 U.S.C. §7701(a)(26) as “the functions of a public office”, and
12 you don’t understand all the implications of that reality:
13 1. The nature of the I.R.C. as an excise tax upon the privileges and franchises of a “public office” in the U.S. government
14 is documented below:
The “Trade or Business” Scam, Form #05.001
http://sedm.org/Forms/FormIndex.htm
15 2. Since the income tax is an excise tax upon “public offices”, then it follows that:
16 2.1. You are not a “taxpayer” if you are not a “public officer”.
17 2.2. Only the officers of the pseudo-government corporation are “public officers” as legally defined, and not the
18 common worker. See 26 U.S.C. §6671(b) and 26 U.S.C. §7343. Ordinary workers are not “public officers”.
19 2.3. The pseudo-government that the officers of the corporation are “public officers” within depends on the nature of
20 the corporate charter. If it is a state corporation, then they are “public officers” of the state and NOT the federal
21 government. If it is a federal corporation, then they are officers of the federal and NOT state government.
22 2.4. It is unlawful for a person who is a “public officer” within the U.S. government to serve outside the District of
23 Columbia pursuant to 4 U.S.C. §72. Even if the corporation requested and obtained an Employee Identification
24 Number (EIN), if the place of incorporation of the corporation is not physically located in the District of Columbia,
25 then they are not a federal corporation and therefore not “public officers” within the meaning of the Internal
26 Revenue Code. The only “public officers” the federal government can legislate for are its own public officers and
27 not those of the state governments. The state and federal governments are “foreign” with respect to each other for
28 the purposes of legislative jurisdiction.
29 3. The limits upon the agency of the corporation as “public officers” of the government extends only to the subjects
30 indicated in the “social insurance” franchise agreement that they are party to, which is codified in the Social Security
31 Act and Internal Revenue Code Subtitle A. Nothing beyond the franchise agreement itself may be enforced against the
32 “public officers” of the federal government.
33 4. You can be an employee of a company in a common law sense without being a “public officer” of the U.S. government
34 as legally defined and without being the “employee” defined in the I.R.C. at 26 U.S.C. §3401(c ) or 5 U.S.C. §2105,
35 both of whom are “public officers” in the U.S. government.
39 §2 How Office Differs from Employment.-A public office differs in material particulars from a public employment,
40 for, as was said by Chief Justice MARSHALL, "although an office is an employment, it does not follow that every
41 employment is an office. A man may certainly be employed under a contract, express or implied, to perform a
42 service without becoming an officer."
43 "We apprehend that the term 'office,'" said the judges of the supreme court of Maine, "implies a delegation of a
44 portion of the sovereign power to, and the possession of it by, the person filling the office; and the exercise of
45 such power within legal limits constitutes the correct discharge of the duties of such office. The power thus
46 delegated and possessed may be a portion belonging sometimes to one of the three great departments and
47 sometimes to another; still it is a legal power which may be rightfully exercised, and in its effects it will bind the
48 rights of others and be subject to revision and correction only according to the standing laws of the state. An
49 employment merely has none of these distinguishing features. A public agent acts only on behalf of his principal,
50 the public, whoso sanction is generally considered as necessary to give the acts performed the authority and
51 power of a public act or law. And if the act be such as not to require subsequent sanction, still it is only a species
3 "The officer is distinguished from the employee," says Judge COOLEY, "in the greater importance, dignity and
4 independence of his position; in being required to take an official oath, and perhaps to give an official bond; in
5 the liability to be called to account as a public offender for misfeasance or non-feasance in office, and usually,
6 though not necessarily, in the tenure of his position. In particular cases, other distinctions will appear which are
7 not general."
8 [A Treatise on the Law of Public Offices and Officers, Floyd Russell Mechem, 1890, pp. 3-4, §2;
9 SOURCE: http://books.google.com/books?id=g-I9AAAAIAAJ&printsec=titlepage]
10 __________________________________________________________________________________________
11 “As expressed otherwise, the powers delegated to a public officer are held in trust for the people and are to be
12 exercised in behalf of the government or of all citizens who may need the intervention of the officer. 116
13 Furthermore, the view has been expressed that all public officers, within whatever branch and whatever level
14 of government, and whatever be their private vocations, are trustees of the people, and accordingly labor under
15 every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain
16 from a discharge of their trusts. 117 That is, a public officer occupies a fiduciary relationship to the political
17 entity on whose behalf he or she serves. 118 and owes a fiduciary duty to the public. 119 It has been said that
18 the fiduciary responsibilities of a public officer cannot be less than those of a private individual. 120
19 Furthermore, it has been stated that any enterprise undertaken by the public official which tends to weaken public
20 confidence and undermine the sense of security for individual rights is against public policy.121”
21 [63C American Jurisprudence 2d., Public Officers and Employees, §247 (1999)]
22 5. If you aren’t a “public officer” but an ordinary worker, then the only way you can lawfully earn “wages” and therefore
23 be a “taxpayer” is to volunteer by signing and submitting and IRS Form W-4, and thereby become a federal “employee”
24 in receipt of “income” connected to the “trade or business” and “social insurance” franchise:
26 (a) In general.
27 Notwithstanding the exceptions to the definition of wages specified in section 3401(a) and the regulations
28 thereunder, the term “wages” includes the amounts described in paragraph (b)(1) of this section with respect
29 to which there is a voluntary withholding agreement in effect under section 3402(p). References in this chapter
30 to the definition of wages contained in section 3401(a) shall be deemed to refer also to this section (§31.3401(a)–
31 3).
33 (1) Except as provided in subparagraph (2) of this paragraph, the amounts referred to in paragraph (a) of this
34 section include any remuneration for services performed by an employee for an employer which, without
35 regard to this section, does not constitute wages under section 3401(a). For example, remuneration for services
36 performed by an agricultural worker or a domestic worker in a private home (amounts which are specifically
37 excluded from the definition of wages by section 3401(a) (2) and (3), respectively) are amounts with respect to
38 which a voluntary withholding agreement may be entered into under section 3402(p). See §§31.3401(c)–1 and
39 31.3401(d)–1 for the definitions of “employee” and “employer”.
116
State ex rel. Nagle v. Sullivan, 98 Mont. 425, 40 P.2d. 995, 99 A.L.R. 321; Jersey City v. Hague, 18 N.J. 584, 115 A.2d. 8.
117
Georgia Dep’t of Human Resources v. Sistrunk, 249 Ga. 543, 291 S.E.2d. 524. A public official is held in public trust. Madlener v. Finley (1st Dist) 161
Ill.App.3d. 796, 113 Ill.Dec. 712, 515 N.E.2d. 697, app gr 117 Ill.Dec. 226, 520 N.E.2d. 387 and revd on other grounds 128 Ill.2d. 147, 131 Ill.Dec. 145,
538 N.E.2d. 520.
118
Chicago Park Dist. v. Kenroy, Inc., 78 Ill.2d. 555, 37 Ill.Dec. 291, 402 N.E.2d. 181, appeal after remand (1st Dist) 107 Ill.App.3d. 222, 63 Ill.Dec. 134,
437 N.E.2d. 783.
119
United States v. Holzer (CA7 Ill), 816 F.2d. 304 and vacated, remanded on other grounds 484 U.S. 807, 98 L.Ed. 2d 18, 108 S.Ct. 53, on remand (CA7
Ill) 840 F.2d. 1343, cert den 486 U.S. 1035, 100 L.Ed. 2d 608, 108 S.Ct. 2022 and (criticized on other grounds by United States v. Osser (CA3 Pa) 864
F.2d. 1056) and (superseded by statute on other grounds as stated in United States v. Little (CA5 Miss) 889 F.2d. 1367) and (among conflicting authorities
on other grounds noted in United States v. Boylan (CA1 Mass), 898 F.2d. 230, 29 Fed.Rules.Evid.Serv. 1223).
120
Chicago ex rel. Cohen v. Keane, 64 Ill.2d. 559, 2 Ill.Dec. 285, 357 N.E.2d. 452, later proceeding (1st Dist) 105 Ill.App.3d. 298, 61 Ill.Dec. 172, 434
N.E.2d. 325.
121
Indiana State Ethics Comm’n v. Nelson (Ind App), 656 N.E.2d. 1172, reh gr (Ind App) 659 N.E.2d. 260, reh den (Jan 24, 1996) and transfer den (May
28, 1996).
6 (a) In general.
7 An employee and his employer may enter into an agreement under section 3402(b) to provide for the withholding
8 of income tax upon payments of amounts described in paragraph (b)(1) of §31.3401(a)–3, made after December
9 31, 1970. An agreement may be entered into under this section only with respect to amounts which are
10 includible in the gross income of the employee under section 61, and must be applicable to all such amounts
11 paid by the employer to the employee. The amount to be withheld pursuant to an agreement under section 3402(p)
12 shall be determined under the rules contained in section 3402 and the regulations thereunder. See §31.3405(c)–
13 1, Q&A–3 concerning agreements to have more than 20-percent Federal income tax withheld from eligible
14 rollover distributions within the meaning of section 402.
15 6. The filing of IRS Form W-2 against a worker is prima facie evidence that the worker is engaged in a “public office”, as
16 indicated in 26 U.S.C. §6041(a), where “trade or business” is defined in 26 U.S.C. §7701(a)(26) to mean a “public
17 office”. If he is not a “public officer”, then it is a crime to file such a report in violation of 18 U.S.C. §912, impersonating
18 a federal employee or officer. Per 26 U.S.C. §7434, it is a civil tort to file an IRS Form W-2 against a worker who never
19 signed a W-4 and who is not ALREADY a “public officer”. If a W-2 was filed against a non-consenting worker, the
20 form would have to report ZERO for “wages” because he didn’t consent to connect himself to the franchise and thereby
21 call his earnings reportable “wages” and “gross income” under the terms of the franchise agreement.
22 7. All “employees” within the I.R.C. are “public officers”. This is confirmed by 26 U.S.C. §3401(c ), 26 C.F.R. §1.3401(c)-
23 1, and 5 U.S.C. §2105.
24 8. There is no provision within the Internal Revenue Code, Subtitle A that CREATES public offices. It is a tax upon
25 EXISTING public offices. You can’t lawfully “elect” yourself into a public office by simply filing a tax form. Instead,
26 you must ALREADY lawfully occupy a public office and take an oath as a public officer BEFORE you can become a
27 “taxpayer”.
28 9. We have not found any evidence to suggest that just because you work for a corporation, that makes you an “officer of
29 the corporation”. Even if you were an officer of the corporation, that would not make you a “public officer” and a
30 “trustee” of the government, nor can they make you such an officer without your consent. The Thirteenth Amendment
31 hasn’t been repealed. Involuntary servitude is still illegal, so you can still choose whether you want to be a franchisee
32 called a “public officer”, or simply a “worker” who earns no “wages” as legally defined and is therefore not a “taxpayer”.
33 In that sense, we have two governments operating side by side, just like service stations sell two types of gas:
34 9.1. The “unleaded” government, which is the republic that only engages in EQUAL protection and not franchises, and
35 does not offer “social insurance” or any other kind of payments to the public at large, and which has no “taxpayers”.
36 This is the “Constitutional State” described earlier.
37 9.2. The “premium” government, which is the socialist democracy that offers “social insurance” PLUS protection. This
38 is the “Statutory State”.
39 The government that I am a “citizen” of is the “Constitutional State”. I have commercially and legally divorced the
40 Statutory State. I cannot have or use any federal identifying number, and I don’t function as an “employee”, but an
41 independent contractor wherever I go. When someone wants to contract with me, they go through non-statutory foreign
42 entities I create. These entities are my interface into the commercial world, which has become essentially entirely
43 government owned and controlled.
44 Consequently, there is nothing to be confused about. Your confusion stems from an incomplete study or
45 understanding of the nature of the income tax. Ultimately, the pseudo-government is in the “protection” business
46 as a private corporation. You can’t owe a tax unless you are a “citizen” or “resident”, which are just code words
47 in the I.R.C. for those who work for the corporation as “public officers” by electing to have a “domicile” on federal
48 territory in the District of Columbia pursuant to:
49 1. 26 U.S.C. §911(d)(3).
50 2. 26 U.S.C. §7701(a)(9) and (a)(10).
51 3. 26 U.S.C. §7701(a)(39).
52 4. 26 U.S.C. §7408(d).
Federal and State Tax Withholding Options for Private Employers, Form #04.101
http://sedm.org/Forms/FormIndex.htm
7 17.1 Is a corporation doing business with the U.S. government as a contractor a “trade or
8 business” or a statutory “taxpayer”?
9 QUESTION:
10 Have been learning and researching legal definitions for several weeks, and reading as much as I can. Discovered
11 this site through a search for definitions of "trade or business". But, would like specific information for
12 corporations, and those that manufacture products for the U.S. government. Specifically, is a corporation that
13 contracts with the U.S. Department of Defense to provide/sell a product we build considered to be a “trade or
14 business” or a “taxpayer”? Are the officers and workers of the corporation subjected to “taxpayer” status? If you
15 cannot elaborate, can you point me to specific reading sections?
16 ANSWER:
17 There are TWO types of corporations and two types of human beings: PUBLIC and PRIVATE.
30 The owners of the corporation or the officers within the corporation as human beings determine which of the
31 above statuses they want to have by HOW they CHOOSE to incorporate, how they fill out their withholding
32 paperwork. and who they do business with. Generally, those contracting with the government will be told that
33 they MUST have a "Taxpayer Identification Number (TIN)" or "Employer Identification Number (EIN)", not as
34 a matter of LAW, but as a matter of the POLICY of the agency letting the contract. Hence, those corporations
35 bidding for government contracts will then be subjected to usually FALSE information return reporting AFTER
36 they win the contract, whether they want to or not. If you examine the regulations requiring use of TINS, which
37 incidentally do NOT pertain to PRIVATE corporations, you will see that there IS no requirement to have or use
38 EINs, and so the policy of the agency granting the contract amounts to a CRIME, THEFT, conversion, and eminent
39 domain over other otherwise PRIVATE property.
About SSNs and TINs on Government Forms and Correspondence, Form #05.012, Section 9
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
DIRECT LINK: http://sedm.org/Forms/05-MemLaw/AboutSSNsAndTINs.pdf
4 The first CRIME comes in compelling the bidding corporation or the people working for the corporation
5 (including officers of the corporation) to SUBMIT an EIN, and therefore to OBTAIN one. After that, multiple
6 crimes are committed by the agency when the false information returns are submitted using the compelled and
7 CRIMINAL EIN. If the corporation being victimized by this form of government terrorism doesn't submit criminal
8 complaints to stop it and file a civil suit to prosecute it, the abuse continues.
9 The same situation is also used against human beings. For further details on why use of TINs is a crime by those
10 who are not ALREADY occupying a public office and why APPLYING for an EIN or TIN CANNOT and DOES
11 NOT create any new public offices, see:
Why It Is Illegal for Me to Request or Use a “Taxpayer Identification Number”, Form #04.205
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
DIRECT LINK: http://sedm.org/Forms/Tax/Withholding/WhyTINIllegal.pdf
12 There is also a separation between STATE corporations and FEDERAL corporation. A corporation can be
13 incorporated under the laws of a STATE and yet NOT be a FEDERAL corporation. What makes a STATE
14 corporation into a FEDERAL corporation and therefore a “person” under the I.R.C. is the VOLUNTARY (not
15 compelled) application for and the use of an “Employer Identification Number (EIN)”.
30 "Money: In usual and ordinary acceptation it means coins and paper currency used as circulating medium of
31 exchange, and does not embrace notes , bonds, evidences of debt, or other personal or real
32 estate. Lane v. Railey, 280 Ky. 319, 133 S.W.2d. 74, 79, 81."
33 [Black’s Law Dictionary, Sixth Edition, p. 1005]
34 6.2. The Federal Reserve (FRN) is neither “federal” nor a reserve. It is a private, for-profit consortium of banks. It is
35 also a counterfeiting franchise that exists solely to print (e.g. STEAL) enough corporate bonds to subsidize the day-
36 to-day operations of CorpGov. Member banks, in exchange for joining the franchise, are granted the ability
37 essentially to create money out of thin air by lending ten times the amount of corporate bonds that they have on
38 deposit. The fiat currency that is created by the counterfeiting franchise is created by monetizing loan documents
39 and simply entering the amount created into a computer memory bank.
40 6.3. Statutory “U.S. citizens” pursuant to 8 U.S.C. §1401 holding FRN corporate securities are the equivalent of
41 shareholders of the corporation. That makes them stockholders in a federal corporation and contractors for the
42 government, because the U.S. Supreme Court has held that an act of incorporation constitutes a contract between
43 the government and the shareholders:
44 The court held that the first company's charter was a contract between it and the state, within the protection of
45 the constitution of the United States, and that the charter to the last company was therefore null and void., Mr.
46 Justice DAVIS, delivering the opinion of the court, said that, if anything was settled by an unbroken chain of
47 decisions in the federal courts, it was that an act of incorporation was a contract between the state and the
48 stockholders, 'a departure from which now would involve dangers to society that cannot be foreseen, would
49 shock the sense of justice of the country, unhinge its business interests, and weaken, if not destroy, that respect
50 which has always been felt for the judicial department of the government.'
51 [New Orleans Gas Co. v. Louisiana Light Co., 115 U.S. 650 (1885)]
20 In accord with ancient principles of the international law of nation-states, the Court in The Chinese Exclusion
21 Case, 130 U.S. 581, 609 (1889), and in Fong Yue Ting v. United States, 149 U.S. 698 (1893), held broadly, as the
22 Government describes it, Brief for Appellants 20, that the power to exclude aliens is "inherent in sovereignty,
23 necessary for maintaining normal international relations and defending the country against foreign
24 encroachments and dangers - a power to be exercised exclusively by the political branches of government . . .
25 ." Since that time, the Court's general reaffirmations of this principle have [408 U.S. 753, 766] been legion.
26 6 The Court without exception has sustained Congress' "plenary power to make rules for the admission of
673H
27 aliens and to exclude those who possess those characteristics which Congress has forbidden." Boutilier v.
28 Immigration and Naturalization Service, 387 U.S. 118, 123 (1967). "[O]ver no conceivable subject is the
29 legislative power of Congress more complete than it is over" the admission of aliens. Oceanic Navigation Co.
30 v. Stranahan, 214 U.S. 320, 339 (1909).
31 [Kleindienst v. Mandel, 408 U.S. 753 (1972)]
32 ____________________________________________________________________________________
33 While under our constitution and form of government the great mass of local matters is controlled by local
34 authorities, the United States, in their relation to foreign countries and their subjects or citizens, are one nation,
35 invested with powers which belong to independent nations, the exercise of which can be invoked for the
36 maintenance of its absolute independence and security throughout its entire territory. The powers to declare
37 war, make treaties, suppress insurrection, repel invasion, regulate foreign commerce, secure republican
38 governments to the states, and admit subjects of other nations to citizenship, are all sovereign powers, restricted
39 in their exercise only by the constitution itself and considerations of public policy and justice which control, more
40 or less, the conduct of all civilized nations. As said by this court in the case of Cohens v. Virginia, 6 Wheat. 264,
41 413, speaking by the same great chief justice: 'That the United States form, for many, and for most important
42 purposes, a single nation, has not yet been denied. In war, we are one people. In making peace, we are one
43 people. In all commercial regulations, we are one and the same people. In many other respects, the American
44 people are one; and the government which is alone capable of controlling and managing their interests in all
45 these respects is the government of the Union. It is their government, and in that character they have no other.
46 America has chosen to [130 U.S. 581, 605] be in many respects, and to many purposes, a nation; and for all
47 these purposes her government is complete; to all these objects, it is competent. The people have declared that
48 in the exercise of all powers given for these objects it is supreme. It can, then, in effecting these objects,
49 legitimately control all individuals or governments within the American territory.”
50
51 [. . .]
52
53 “The power of exclusion of foreigners being an incident of sovereignty belonging to the government of the
54 United States as a part of those sovereign powers delegated by the constitution, the right to its exercise at any
55 time when, in the judgment of the government, the interests of the country require it, cannot be granted away or
56 restrained on behalf of any one. The powers of government are delegated in trust to the United States, and are
57 incapable of transfer to any other parties. They cannot be abandoned or surrendered. Nor can their exercise be
58 hampered, when needed for the public good, by any considerations of private interest. The exercise of these
59 public trusts is not the subject of barter or contract.”
60 [Chae Chan Ping v. U.S., 130 U.S. 581 (1889)]
17 17018. "State" includes the District of Columbia, and the possessions of the United States.
18 [SOURCE:
19 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=rtc&group=17001-18000&file=17001-17039.1]
20 8.7. The term “County of______” means a subdivision of the de facto private CorpGov state. De jure counties are
21 called “_______ county”
22 8.8. All those with a “residence” within this Statutory State are officers and employees of CorpGov who are also resident
23 aliens completely subject to federal jurisdiction.
24 8.9. The perjury statement on most state forms places you “within” this corporate, fictitious political state as a “public
25 officer”.
27 “I declare under penalty of perjury under the laws of the State of California that the foregoing are true and
28 correct.”
29 [SOURCE:
30 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=rtc&group=17001-18000&file=17001-17039.1]
31 Private persons are not physically present and domiciled within this corporate “State”. The only “persons” the de
32 jure government can lawfully legislate for without engaging in involuntary servitude in violation of the Thirteenth
33 Amendment are “residents” of this fictitious corporate pseudo-government state. All of these “persons” are “public
34 officers” participating in pseudo-government franchises who are also resident aliens. All of them are “residents” of
35 the Statutory State by virtue of signing up for the franchises using their right to contract. A person who is not a
36 “public officer” participating in pseudo-government franchises would be committing perjury under penalty of
37 perjury to admit that he is “under the laws of the State of __________” as a private person.
38 9. In order to form a legitimate government, you need people, laws, and territory. The Statutory States have people and
39 laws but no territory of their own.
40 9.1. All of the “territory” of the Statutory States is borrowed from the federal pseudo-government under the Buck Act,
41 4 U.S.C. §105 et seq. This territory consists of the federal areas within the exterior limits of the state and it qualifies
42 as a “possession” of the United States under the Buck Act, 4 U.S.C. §110(d) and is part of the federal zone.
43 9.2. The borrowed territory of the Statutory States is a place where both state and federal legislative jurisdiction
44 coincide. It is the ONLY place, in fact, where these jurisdictions coincide because of the separation of powers
45 doctrine. See:
Government Conspiracy to Destroy the Separation of Powers, Form #05.023
http://sedm.org/Forms/FormIndex.htm
46 9.3. Virtually all the laws passed by the Statutory States are intended exclusively for this shared territory within the
47 federal zone. Ditto for the federal pseudo-government.
48 9.4. The statutes and contracts which regulate the “sharing” of federal territory by the Statutory State are found in:
49 9.4.1. The Buck Act, 4 U.S.C. §105 et seq.
50 9.4.2. The Assimilated Crimes Act, 18 U.S.C. §13.
16 TITLE 26 > Subtitle A > CHAPTER 1 > Subchapter N > PART II > Subpart D > § 892
17 § 892. Income of foreign governments and of international organizations
20 For purposes of this title, a foreign government shall be treated as a corporate resident of its country. A foreign
21 government shall be so treated for purposes of any income tax treaty obligation of the United States if such
22 government grants equivalent treatment to the Government of the United States.
23 10.2. Are not protected by the Bill of Rights. EVERYTHING is a franchise and a privilege within these areas:
24 “Indeed, the practical interpretation put by Congress upon the Constitution has been long continued and uniform
25 to the effect [182 U.S. 244, 279] that the Constitution is applicable to territories acquired by purchase or
26 conquest, only when and so far as Congress shall so direct. Notwithstanding its duty to 'guarantee to every
27 state in this Union a republican form of government' (art. 4, 4), by which we understand, according to the
28 definition of Webster, 'a government in which the supreme power resides in the whole body of the people, and
29 is exercised by representatives elected by them,' Congress did not hesitate, in the original organization of the
30 territories of Louisiana, Florida, the Northwest Territory, and its subdivisions of Ohio, Indiana, Michigan,
31 Illinois, and Wisconsin and still more recently in the case of Alaska, to establish a form of government bearing
32 a much greater analogy to a British Crown colony than a republican state of America, and to vest the legislative
33 power either in a governor and council, or a governor and judges, to be appointed by the President. It was not
34 until they had attained a certain population that power was given them to organize a legislature by vote of the
35 people. In all these cases, as well as in territories subsequently organized west of the Mississippi, Congress
36 thought it necessary either to extend to Constitution and laws of the United States over them, or to declare that
37 the inhabitants should be entitled to enjoy the right of trial by jury, of bail, and of the privilege of the writ of
38 habeas corpus, as well as other privileges of the bill of rights.”
39 [Downes v. Bidwell, 182 U.S. 244 (1901)]
40 10.3. Are the effective domicile of all those who participate in pseudo-government franchises, including the income tax,
41 driver’s licenses, and marriage licenses.
42 10.4. Are the legal place where all business is conducted with the pseudo-government.
43 11. The all caps rendition of your birthname in association with a federally issued identifying number is the “res” and the
44 “public officer” who is the legal object of all the pseudo-government laws that regulate franchises and “residents” of the
45 fictitious corporate “State of____”.
46 11.1. All these persons are “residents” of the federal territory within the exterior limits of the state. Since federal territory
47 is not protected by the Bill of Rights, these fictitious entities have no rights, but only legislatively granted
48 “privileges” as officers of the pseudo-government corporation.
49 11.2. These “straw men” persons are the only lawful “taxpayers”, “individuals”, and “residents” on most pseudo-
50 government forms. They are the ONLY persons the pseudo-government can lawfully legislate for in the context
51 of civil litigation.
52 11.3. If the pseudo-government writes a letter or correspondence or files a lawsuit against this artificial “res” and you
53 respond, then you just “volunteered” to work for the pseudo-government for free and elected yourself into “public
54 office” simply by cooperating with them. The Thirteenth Amendment says you can’t be compelled to volunteer.
13 TITLE 26 > Subtitle F > CHAPTER 79 > Sec. 7701. [Internal Revenue Code]
14 Sec. 7701. - Definitions
15 (a)Definitions
16 (9) United States
17 The term ''United States'' when used in a geographical sense includes only the States and the District of
18 Columbia.
19 (10) State
20 The term ''State'' shall be construed to include the District of Columbia, where such construction is necessary to
21 carry out provisions of this title.
22 __________________________________________________________________________________________
27 [SOURCE:
28 http://www.law.cornell.edu/ucc/search/display.html?terms=district%20of%20columbia&url=/ucc/9/article9.htm
29 #s9-307]
30 13. The statutes or “laws” passed by the officers of CorpGov are nothing more than private internal directives or “rules”
31 intended exclusively for company “employees” and “officers” called statutory “U.S. citizens” and “permanent residents”,
32 who collectively are domiciled in the District of Columbia. The authority to make these “rules” are described below:
35 The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the
36 Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed
37 as to Prejudice any Claims of the United States, or of any particular State.
38 In that sense, nearly all federal statutory law is “private law” and “special law” which applies to those who implicitly
39 consent by partaking of federal franchises and thereby joining the pseudo-government as one of their “public officers”.
40 Remember that all “franchises” are contracts, all contracts convey rights, and that all rights are property. Therefore,
41 those participating in franchises are in custody or receipt or agency over public property. For details, see:
Why Statutory Civil Law is Law for Government and Not Private Persons, Form #05.037
http://sedm.org/LibertyU/LibertyU.htm
Corporatization and Privatization of the Government 316 of 319
Copyright Sovereignty Education and Defense Ministry, http://sedm.org
Form 05.024, Rev. 6-26-2016 EXHIBIT:________
1 14. The corporate monopoly that our present de facto private, for-profit, private corporate pseudo-government has created
2 constitutes an establishment of religion in violation of the First Amendment to the United States Constitution. This is
3 exhaustively proven in the following resources:
4 14.1. Government Establishment of Religion, Form #05.038
5 http://sedm.org/Forms/FormIndex.htm
6 14.2. Socialism: The New American Civil Religion, Form #05.016
7 http://sedm.org/Forms/FormIndex.htm
8 15. The Bible warns us that all of this was going to happen, but we didn’t heed its warnings:
9 15.1. The Book of Revelation describes an entity called “The Beast”, which is then defined in Rev. 19:19 as “the kings
10 of the earth”. In modern times, that would be our political rulers.
11 15.2. Babylon the Great Harlot is described as the woman who sits on many waters, which are described as “peoples,
12 multitudes, nations, and tongues” in Rev. 17:15.
13 15.3. Babylon the Great is fornicating with the Beast. Black’s Law Dictionary defines “commerce” as “intercourse”.
14 The people are “fornicating” because the Bible says they are married to God and not the pseudo-government and
15 may not commit such harlotry:
16 “Commerce. …Intercourse by way of trade and traffic between different peoples or states and the citizens or
17 inhabitants thereof, including not only the purchase, sale, and exchange of commodities, but also the
18 instrumentalities [governments] and agencies by which it is promoted and the means and appliances by which it
19 is carried on…”
20 [Black’s Law Dictionary, Sixth Edition, p. 269]
21 “Do not fear, for you will not be ashamed; neither be disgraced, for you will not be put to shame; for you will
22 forget the shame of your youth, and will not remember the reproach of your widowhood anymore. For your
23 Maker is your husband, the Lord of hosts is His name; and your Redeemer is the Holy One of Israel; He is
24 called the God of the whole earth, for the Lord has called you like a woman forsaken and grieved in spirit, like
25 a youthful wife when you were refused,” says your God. “For a mere moment I have forsaken you, but with great
26 mercies I will gather you. With a little wrath I hid My face from you for a moment; but with everlasting kindness
27 I will have mercy on you,” says the Lord, your Redeemer.”
28 [Isaiah 54:4-8, Bible, NKJV]
29 15.4. God’s chosen elect have been readily and easily deceived by their crafty lawyer servants because they did not love
30 the truth:
31 “For the mystery of lawlessness is already at work; only He [God] who now restrains will do so until He is taken
32 out of the way. And then the lawless one [Satan] will be revealed, whom the Lord will consume with the breath
33 of His mouth and destroy with the brightness of His coming. The coming of the lawless one [Satan] is according
34 to the working of Satan, with all power, signs, and lying wonders, and with all unrighteous deception among
35 those who perish, because they did not receive the love of the truth, that they might be saved [don’t be one of
36 them!]. And for this reason God will send them strong delusion [from their own government], that they should
37 believe a lie, that they all may be condemned who did not believe the truth but had pleasure in
38 unrighteousness.”
39 [2 Thess. 2:3-17, Bible, NKJV]
40 ________________________________________________________________________________
41 “Woe to the rebellious children,” says the Lord, “Who take counsel, but not of Me, and who devise plans, but
42 not of My Spirit, that they may add sin to sin; who walk to go down to Egypt, and have not asked My advice,
43 to strengthen themselves in the strength of Pharaoh, and to trust in the shadow of Egypt! Therefore the
44 strength of Pharaoh shall be your shame, and trust in the shadow of Egypt shall be your humiliation…
45 Now go, write it before them on a tablet, and note it on a scroll, that it may be for time to come, forever and ever:
46 that this is a rebellious people, lying children, children who will not hear the law of the Lord; who say to the
47 seers, “Do not see,” and to the prophets, “Do not prophesy to us right things’ Speak to us smooth [politically
48 correct] things, prophesy deceits. Get out of the way, turn aside from the path, cause the Holy One of Israel to
49 cease from before us.”
51 “Because you despise this word [God’s word], and trust in oppression and perversity, and rely on them,
52 therefore this iniquity shall be to you like a breach ready to fall, a bulge in a high wall, whose breaking comes
53 suddenly, in an instant. And He shall break it like the breaking of the potter’s vessel, which is broken in pieces;
54 He shall not spare. So there shall not be found among its fragments a shard to take fire from the hearth, or to
55 take water from the cistern.”
56 [Isaiah 30:1-3, 8-14, Bible, NKJV]
11 If you would like to examine over 600 Mbytes of court-admissible evidence supporting everything in this
12 memorandum of law, we invite you to obtain the following CD-ROM from our website:
14 A number of additional resources are available for those who wish to further investigate the contents of the
15 pamphlet:
16 1. Government Instituted Slavery Using Franchises, Form #05.030. Shows how franchises are the main method or device
17 by which our de jure government has become a de facto private corporation.
18 http://sedm.org/Forms/FormIndex.htm
19 2. How Scoundrels Corrupted Our Republican Form of Government, Family Guardian Fellowship.. Shows how our
20 government has been turned into a totalitarian corporate monopoly.
21 http://famguardian.org/Subjects/Taxes/Evidence/HowScCorruptOurRepubGovt.htm
22 3. Why Your Government is Either a Thief or You are a “Public Officer” for Income Tax Purposes, Form #05.008
23 http://sedm.org/Forms/FormIndex.htm
24 4. The Government “Benefits” Scam, Form #05.040
25 http://sedm.org/Forms/FormIndex.htm
26 5. Government Conspiracy to Destroy the Separation of Powers, Form #05.023
27 http://sedm.org/Forms/FormIndex.htm
28 6. Why Statutory Civil Law is Law for Government and Not Private Persons, Form #05.037
29 http://sedm.org/Forms/FormIndex.htm
30 7. Socialism: The New American Civil Religion, Form #05.016. Proves that our government has not only become a private
31 corporation, but a civil religion that competes with churches and God Himself for the affection, worship, and allegiance
32 of its “parishioners”.
33 http://sedm.org/Forms/FormIndex.htm
34 8. Federal Government Corporations: An Overview, CRS Report #RL30365-Congressional Research Service, Jan. 7, 2009
35 http://famguardian.org/Subjects/Freedom/ThreatsToLiberty/RL30365.pdf
36 9. Highlights of American Legal and Political History, Form #11.202. Hundreds of megabytes of court-admissible
37 evidence backing up everything in this pamphlet, right from the government’s own archives, statutes, and regulations.
38 http://sedm.org/ItemInfo/Disks/HOALPH/HOALPH.htm
39 10. Authorities on the word “corporation”, Sovereignty Forms and Instructions Online, Form #10.004, Cites by Topic,
40 Family Guardian Fellowship
41 http://famguardian.org/TaxFreedom/CitesByTopic/corporation.htm
42 11. The United States isn’t a Country, it’s a corporation, Family Guardian Fellowship
43 http://famguardian.org/Subjects/Taxes/Articles/USCorporation.htm
44 12. The Corporate Conception of the State and the Origins of Limited Constitutional Government, Washington University
45 Journal of Law and Policy. Vol. 6, Number 1, 2001
46 http://famguardian.org/Subjects/LawAndGovt/History/CorporationsOfGovernment.pdf
47 13. Federal Government Corporations: An Overview, CRS Report #RL30365, Congressional Research Service, Jan. 7, 2009