Doctrine (The Constitution is an Express Trust)

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(For Frank ‘Austin’ England III) 
(Blog Masters Note: This is one of his ‘teaching’ tools, it is signed ‘Ken’ no last name.)

The Constitution is an Express Trust

The Constitution was bequeathed to us, as the posterity in the Preamble.  The Preamble is not just an announcement.  Webster’s 1828 defines Preamble:

1. Something previous; introduction to a discourse or writing.
2. The introductory part of a statute, which states the reasons and intent of the law.

Jacobson v. Massachusetts, 197 U.S. 11, 22 (1905).

E.g., the Court has read the preamble as bearing witness to the fact that the Constitution emanated from the people and was not the act of sovereign and independent States. McCulloch v. Maryland, 4 Wheat. (17 U.S.) 316, 403 (1819) Chisholm v. Georgia, 2 Dall. (2 U.S.) 419, 471 (1793); Martin v. Hunter’s Lessee
1 Wheat. (14 U.S.) 304, 324 (1816), and that it was made for, and is binding only in, the United States of America. Downes v. Bidwell, 182 U.S. 244 (1901); In re Ross, 140 U.S. 453, 464 (1891).

At this time, nothing could be passed on to an heir w/out falling under one of the two statutes listed below;

A Quote from the Statute of Wills, [St. 34 & 35 Hen.  Vll (1542-1543) Ch.5]  “Persons…shall have full and free liberty, power and authority to give, dispose, will or devise to any person or persons (Except bodies politick and corporate) by his last will and testament in writing, or otherwise by any act or acts lawful executed in his life”

Hereditaments could only be passed to a body politic, “we the people” and the peoples’ “posterity,” by way of Trust, as shown in: The Statute of Uses [St 27 Hen, vlll (1536) Ch.10]

“… that where any person or persons stand or be seised, or at any time hereafter shall happen to be seised of… etc., or other hereditaments, to the use, confidence or trust of any other person or persons, or body politic.”….

The Constitution cannot be a will, as you can see by the aforementioned statutes, as it passed hereditaments to a body politic.  The bodies politic are “we the people” and the peoples’ “posterity.”  Webster’s 1828 defines hereditaments as:

Any species of property that may be inherited: lands, tenements, anything corporeal or incorporeal, real, personal or mixed, that may descend to an heir.  Blackstone  

A corporeal hereditament is visible and tangible; an incorporeal hereditament is an ideal right, existing in contemplation of law, issuing out of substantial corporeal property.”

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The Preamble describes an estate held in trust.  Don’t we say that our elected officials hold an office of Public Trust?  That’s because the Constitution of the United States created a trust.

Trust is defined by Webster’s 1828 in three sets of definitions.  In the first set under number 12, “trust” is defined as:

 “In law, an estate, devised or granted in confidence that the devisee or grantee shall convey it, or dispose of the profits, at the will of another; an estate held for the use of another.”

Webester’s 1828 defines “estate” in 6 as: “The general business or interest of gov’ts; hence, a political body; a commonwealth; a republic.  But in this sense, we now use state.

The Requisites of an Express Trust.

1. It must have a competent Settlor and a Trustee. (We the People)
2. It must have an ascertainable trust res.  (Blessings of Liberty)
3. It must show sufficiently certain beneficiaries.  (ourselves and our posterity)
4. A trust comes into being only upon execution of an intention to create it by the party(ies) having legal and equitable control of the subject matter of the trust.

Our Forefathers were competent Settlers and had equitable control of the subject matter as the representatives of the People.  The trustees and their duties are defined and established within the Articles of the Constitution.  The Preamble and Constitution ascertain the trust res being passed on in the phrase, “the Blessings of Liberty.”  The Preamble and the Constitution show sufficient certain beneficiaries in the phrase, “to ourselves and our posterity.”

 The Preamble state an intention for which the document was created as:  “in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general welfare and secure the Blessing of Liberty.”

Does it show an intention to manifest?  Absolutely.  “To ordain and establish this Constitution for the United States of America.” 

“An express trust, as they sometimes are called, are “direct” trusts, and are those trust intentionally created by the direct and positive act of the settlor, by some writing, deed, or will, or oral declaration.” Amer. Juris. 2d. Vol 76, §15

Our Forefather were highly educated and knew about Trusts, Hereditaments, Conveyances, Fraud, Wills and Uses.  Their knowledge was implemented in drafting the Constitution, because of the Statute of Frauds.

“[St. 29 Chas. ll (1676) Ch. lll] 1. For prevention of many fraudulent practices, …6. And moreover, no devise in writing of or hereditaments…shall…be revocable, otherwise than by some other will or codicil in writing, (Form 1040 by definition is a Codicil) or other writing declaring the same… (2) but all devises and bequest of lands and tenements shall remain and continue in force, until the same be burned, cancelled, torn or obliterated by the testator, or his directions, in manner aforesaid, or unless the same be altered by some other will or codicil in writing, or writing of the devisor, signed in the presence of three or four witnesses, declaring the same; any former law or usage to the contrary notwithstanding.”

Just for emphasis, this underlined phrase shows that any will or trust created under any former law does not apply here.

The Statute Against Collusive and Fraudulent Conveyances prohibited any underhanded intent behind a conveyance of hereditaments.

“[St. 27 Eliz l (1585) Ch. 4] “the Queens most excellent Majesty…(etc.) and Bodies Politick,… may have, incur and receive great loss and prejudice by reason of fraudulent conveyances, (and etc.) (by way of) …(3) secret intent of the parties the same to be to their own proper use, and at their free disposition, (4) coloured nevertheless by fained countenance and shew of words and sentences, as though the same were made bona fide, ..” “said former conveyance, …Shall be deemed, taken and adjudged to be void, frustrate, and of none effect, by virtue and force of this present act.”

The “Bill of Rights” was not included in the Constitution (1787), because it also created an Independent Trust Res and was added four years later in 1791. It was annexed to the Constitution by way of codicil, as the amended intentions or afterthought of our Forefathers.  When our Forefathers died, it became “Their Will.”  Webster’s 1828 definescodicilas: “A writing by way of supplement to a will. 

Webster’s 1828 defines “will” in two sets of definitions.  In the first set, under number 1 and 8 “will” is defined as:

1.  “That faculty of the mind by which we determine either to do or forbear an action: the faculty which is exercised in deciding, among two or more objects, which we shall embrace or pursue.   The will is directed or influenced by the judgment. The understanding or reason compares different objects, which operate as motives; the judgment determines which is preferable, and the will decides which to pursue.  In other words, we reason with respect to the value or importance of things; we then judge which is to be preferred; and we will to take the most valuable.  These are but different operations of the mind, soul, or intellectual, part of man.  Great disputes have existed respecting the freedom of the will. 

8.  Testament; the disposition of a man’s estate, to take effect after his death.  Wills are written, or nuncupative, that is, verbal.”

Under Art.V of the Constitution are the procedures for any additional amendments to be added to the original Constitutional Trust.  The “Bill of Rights” was the amended intentions of our Forefathers to place further restrictive clauses and limitations upon the gov’t.  These were added four years later, which would be necessary to show that a trust had already been created. 

It’s clear our Forefather drafted the Constitution with the intention of creating a trust.  This Union of States created an Estate, a Republic-In-Form of Gov’t, held in trust, to be passed on to the posterity.  The Constitution is our legacy and we are the beneficiaries.  It was bequeathed to us, as the posterity, in the Preamble.

The Constitution created a fourteenth gov’t, which is just as foreign to the thirteen original states, as they are foreign to each other.  This 14th gov’t was set up under Roman Civil Law, as an international entity.  It had to be set up this way in order to deal with the rest of the world commercially.  The entire world is being regulated under Roman Civil Law by the international banksters, and with the changing of words and phrases, America has been duped into accepting this same form of international treatment.

We hold from God the gift which includes all others.  This gift is life — physical, intellectual, and moral life.  But life cannot maintain itself alone.  The Creator of life has entrusted us with the responsibility of preserving, developing, and perfecting it.  In order that we may accomplish this, He has provided us with a collection of marvelous faculties.  And He has put us in the midst of a variety of natural resources.  By the application of our faculties to these natural resources we convert them into products, and use them.  This process is necessary in order that life may run its appointed course.

Life, liberty, and property do not exist because men have made law.  On the contrary, it was the fact the life, liberty, and property existed beforehand those caused men to make laws in the first place. 

What is law?

Federac Bastiat, was first published as a pamphlet in June 1850 and is already more than a hundred and fifty years old.  Because its truths are eternal, it will still be read when another century has passed.

“What, then is law?  It is the collective organization of the individual right to lawful defense.”

He goes on to say:  “Each of us has a natural right — from God– to defend his person, his liberty, and his property.  These are the three basic requirements of life, and the preservation of any one of them is completely dependent upon the preservation of the other two.  For what are our faculties but the extension of our individually?  And what is property but an extension of our faculties? 

If every person has the right to defend–even by force–his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly.  Thus the principle of collective right– its reason for existing, its lawfulness– is based on individual right. 
And the common force that protects this collective right cannot logically have any other purpose or any other mission than that for which it acts as a substitute.  This, since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force–for the same reason–cannot lawfully be used to destroy the person, liberty, or property of individuals or groups.

“Such a perversion of force would be, in both cases, contrary to our premise.  Force has been given to us to defend our own individual rights.  Who will dare to say that force has been given to us to destroy the equal rights of our brothers?  Since no individual acting, separately can lawfully use force to destroy the rights of others, does it not logically follow that the same principle also applies to the common force that is nothing more than the organized combination of the individual forces?

If this is true, then nothing can be more evident than this:  The law is the organization of the natural right of lawful defense.  It is the substitution of a common force for the individual forces.  “And this common force is to do only what the individual forces have a natural and lawful right to do: to protect persons, liberties, and properties; to maintain the right of each, and to cause justice to reign over us all.”

The Declaration of Independence –1776 

We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

Nevada Constitution of 1864, states pertinent part:

All men are by Nature free and equal and have certain inalienable rights among which are those of Enjoying and defending life and liberty; Acquiring, Possessing and Protecting property and pursuing and obtaining safety and happiness.”

Marymont v. Banking Board, 33 Nev. 333

“The term ‘liberty’ as used in the constitution, does not mean mere freedom from arrest or restrain, but it means liberty in a broader and more comprehensive sense.  It means freedom of action; freedom in the selection of a business calling, or avocation; freedom in the control and use of one’s property, so far as its use is not injurious to the community, and does not infringe the rights of others; freedom in exercising the rights, privileges, and immunities that belong to citizens of the country generally; and freedom in the pursuit of any lawful business or calling selected by him. 

The last part of the Declaration Of Independence reads:

We, therefore, the representatives of the United States of America, in General Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies solemnly publish and declare, That these United Colonies are, and of right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all allegiance to the British crown and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved; and that, as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and do all other acts and things which independent states may of right do.

We know Congress is well aware of the fact that each state is independent and foreign as identified above in 28 U.S.C. § 297 “Assignment of judges to courts of the freely associated compact states.” 

Regards
Ken

  

 

 

 

 

Declaration of Independence – Latter Day Declarant

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(For Frank ‘Austin’ England III) 
 

DECLARATION OF INDEPENDENCE

LATTER DAY DECLARANT

 

THE LAW AND HISTORY OF FREEDOM

The Declaration of Independence set the People of the thirteen states free by dissolving the political bands which had connected the “one People” with the British monarchy and Parliament. Upon the signing of the Treaty of Paris on September 3, 1783, American independence was formally recognized and complete. The People of the United States ceased to be subjects of the British monarchy or the Parliament of Britain. After Independence, the People could never again be subjects of government or the subjects of legislation, because their unalienable rights entitled them to freedom and so long as there was a Creator those rights were theirs.

After the Declaration of Independence, all written laws can apply only to government and those persons who consent or volunteer to be governed by legislation. Before Independence, Parliament exercised the legislative powers of a king, because government in the United Kingdom is the British monarchy. Prior to Independence, Parliament made law for both the People and the British bureaucracy.After the Declaration of Independence, there was no government that could impose additional legal duties on the People in the several states. The Creator has imposed all legal duties on the People that were possible up to the time of Independence. The People are limited to and cannot be burdened beyond the legal duties they had on July 4, 1776, under the common law.

The Declaration of Independence accepts the Creator as the only power over the People and acknowledges that governments exist to secure the Rights endowed by the Creator. Government that “becomes destructive of these Ends” endows the People with the Right and Duty “to alter or abolish it.” The People’s Right and Duty to alter government makes certain the concept that written laws have exclusive application to government and not the People. The problem with believing in voting as a means of obtaining freedom in the kind of society created by the Declaration of Independence is the failure to understand that voting is a characteristic of government and after the Declaration of Independence the People are freed from participation in government. The right to be free of all government is possible after the Declaration of Independence and that right remains to this day. At the time the People won their freedom from Britain, the Creator had not imposed upon them a legal duty to obey British laws. An understanding of voting can be used to communicate to government employees the difference between voting and electing, but voting is not and cannot be mandatory. Voting is the right of the federal territorial citizen awaiting the admission into statehood of the federal territory where he is registered to vote. A voter who qualifies as an elector elects those officials, for instance, who manage and administer municipal government. This paper will explain how a citizen can register to vote as an elector using the federal voter apparatus, procedures and forms.

Just about anyone can vote for or against anything, that is the nature of the democracy. There are many things that cannot be put to a vote with any hope of accomplishing a change. If all men are created equal, re-instituting the British monarchy is an impossibility.  Voting simply allows frustration and anger to be dissipated in what has become a useless act. Voting acknowledges the legitimacy of the ruling political state. The numerical vote merely affects a change in the names of those in government. Real political power is held by those who can elect the tax assessor, the tax collector and the sheriff.

When you want to be free, you don’t want to be known as just a voter, you want to be an elector. The basic difference between an elector and a voter is the elector’s qualification to elect a candidate to public office and to be elected to public office. It is possible for a voter to be unqualified to hold a public office if that voter is a citizen of the United States and subject to the jurisdiction of the United States. When that voter is domiciled within federal territory subject to the exclusive legislative power of Congress, that voter is subject to the jurisdiction of the United States and not free to hold a state or municipal public office. A state elector must always be domiciled outside territory subject to the exclusive legislative jurisdiction of the United States Congress and must reside inside territory not subject to the exclusive legislative power of Congress.

The commonly held assumption that anyone born in one of the United States is a citizen of the United States or a U.S. citizen is getting in the way of what people want most-freedom. Article IV of both the Articles of Confederation and the Constitution affirm that citizens of each state shall be entitled to all the privileges and immunities of citizens of the several states. Claiming to be a U.S. or United States citizen and putting yourself in a place subject to the exclusive legislative power of the United States Congress will subject you to the jurisdiction of the United States in ways the Framers of the Constitution never thought possible. To be truly free, a person must go back to his or her roots. Generally, birth in a state confers the citizenship of that state, but today’s elections bureaucrat is looking for a statement that the registration applicant is a U.S. citizen and will seek to disqualify anyone who refuses to make that statement under penalties of perjury. The citizen of a state will state the fact of state citizenship under a testimonial oath that the matter is stated as the “Truth, the whole truth and nothing but the truth. So help me, God.”

Completing and making a federal voter registration form declaration subject to the penalty of perjury is an admission that the declarant is subject to the jurisdiction of the United States. Such an admission makes the declarant a Fourteenth Amendment citizen residing on federal territory and is to be avoided if the declarant is not domiciled on federal territory subject to the exclusive jurisdiction of the United States Congress. People want to be just as free as Americans were after the Treaty of Paris, but that is now impossible as a citizen of the United States or as a U.S. citizen. Such citizens are subject to the jurisdiction and legislation of Congress in much the same ways as Americans were the subjects of His Britannic Majesty before the Declaration of Independence. Such citizens will always be subject to the jurisdiction of Congress, but the amount and duration of that jurisdiction can be controlled by knowing the location of all federal territory.

For persons born in the several states and naturalized citizens, the remedy for the expansion of federal power is simple: Stop claiming citizenship in a government that doesn’t permit the full exercise of freedom, and stop pretending to be something you cannot prove. The name “United States” when appended to Congress, the President and the Supreme Court describes a government that administers the business of the several states of the Union and a confederacy known as the United States of America. Each branch, when acting for itself, is effective for government business, but it can have no effect on the individual members of the People. All that most of us can prove is that we were born in a state of the Union and that is all that is necessary to keep one or more branches of government from us. We should only claim what we can prove, because being a citizen of anyone of the free states of the most successful confederacy in the world is achievement of the highest form of citizenship. With that, we can elect to have nothing more to do with government.

State citizenship is the best form, but citizenship that is derived through citizen parents is, in my opinion, next best. Naturalization as a citizen of the United States of America almost as good as being born in a state. Members of Congress and the inferior federal judges (which include the United States district court judges and the judges of the courts of appeal and officers of the United States) subject themselves to individual federal income taxation and all applicable federal laws and regulations. Senators and Representatives must be citizens of the United States prior to taking office and they swear or affirm to support the Constitution upon taking office, as do members of the military. State officers, similarly, lose the freedom and protections offered by state citizenship when they take similar oaths and affirmations to obey the Constitution and obey the laws.

The states that make up the United States of America are republics, where the citizens hold all political power. The Congress of the United States is the national government. The citizens of the national government are citizens of the states who by election or appointment subject themselves to the jurisdiction of Congress; citizens of the United States born in certain territories and those who hold themselves out to be citizens of the United States or U.S. citizens.

The United States of America is a confederacy and perpetual Union of states formed by the Articles of Confederation. “People” born to the soil of those states are citizens and most importantly “Natives” of those states and this “Standing” goes to the paramount issue of “Nativity”. Persons born in federal territory within a state are citizens of that state, however persons born in certain possessions owned by the United States of America may be United States citizens or U.S. citizens by act of Congress but they cannot enjoy all the benefits of citizenship conferred on those born in a state of the Union unless and until they begin to reside outside of federal territory.  Aliens that immigrate to the United States may become permanent residents of the United States and then may become citizens of the United States of America. Status such as that entitles them to all the privileges and immunities of citizens of the several states.

The Declaration of Independence instituted the nation of free People that were freed from the political bonds that connected them to the monarchy and Parliament of Britain, and they could be free today if they had not consented to United States jurisdiction. The Articles of Confederation however, created the United States of America, and the Constitution formed a more perfect Union by creating a federal national government of three branches.

The national government consists of the Congress of the United States constituted of members of Congress; the inferior federal judges of the district courts and courts of appeal; the President and the Supreme Court. To this day, the national government rules over the federal territories located in every state of the Union. However, the national government has no power over the People in the states. They were freed as subjects of government and the legislative power of government by the Declaration of Independence. Incidentally, Negro slaves remained property under the English common law.

The federal judges of the United States district courts are the citizen individuals of the United States subject to the jurisdiction of Congress. The judges are officially classed as federal employees and are to be distinguished from Article III judicial officers, such as members of the Supreme Court of the United States. These non-judicial officers of the legislative branch form the core of the individuals that have duties. Senators and Representatives may be elected by the people of the states, but the legislation the Congress produces is legislation for the national government and the government of the several states that make up the Union and those officers and employees that make up the federal bureaucracy. The Declaration of Independence freed the People from Britain and left them in a state where they can individually consent or not to be governed by legislation.

INSTRUCTIONS FOR REGISTERING TO VOTE FOR FREEDOM

How can a person born in a state or a naturalized citizen register as an elector using the federal Voter Registration Form (VRF)? To properly register as a citizen of one of the several states or of the United States of America, the federal VRF must be altered. The federal form (found in Post Offices) is easily recognized by the question at the beginning of the form: “Are you a U.S. citizen?” When you are not, you can’t use the form, because it is created just for 14th Amendment citizens. Some alternative forms are available from the Secretary of State’s office, but this form just eliminates the question and changes little else. Some of these forms ask if you are a citizen of the United States of America and all of them want you to certify under penalty of perjury admitting residence in federal territory. This report explains how and why the federal form must be altered to permit registration as a non-citizen of the United States. A blank federal Voter Registration Form (VRF) for your county can be obtained at city halls, libraries, the secretary of state for your state and your county recorder. Strike all references to U.S. or United States and enter (where appropriate) that you are a citizen of your birth state. Enter your personal information on the form and mail it. You will receive a post card notifying you that you are registered to vote. Save this post card so you can easily obtain a certified copy of your registration as a citizen of a state or of the United States of America. You are able to request a certified copy of your VRF from the county recorder office for a nominal fee (approximately $7.00) Big government has made a mess of everything. The only way to fix it is to fix the way we register to vote. Unless you have corrected your Voter Registration Form (VRF), you have been affirming being subject to the jurisdiction of the U.S. every time you have voted. Every state is guaranteed a republican form of government, which means that you “don’t have to take the democracy that is constantly being pushed.” We each live in a state of the Union that is guaranteed a Republican Form of Government, which means that real citizens, not 14th Amendment citizens determine who is elected. There are activities in our lives that can’t be put to a vote. These activities constitute our freedom. The Democracy the federal government has been working on since the Civil War wants everything put to a vote or at least a poll and they rig the vote and skew the poll. We must be able to break free of federal bureaucratic domination if real citizens are to govern themselves again. Special interests have left many states debt-ridden failures. The biggest operating special interest is the federal bureaucracy. How do we get rid of the feds? The simple act of registering to vote as a citizen of your birth state is a first step. The procedure is easy and provides immediate answers to any questions of its practical value that you might have.

A U.S. citizen is subject to the jurisdiction of the U.S. Congress because the Congress is a national government and the citizens of a state do not reside on or in federal territory. U.S. citizens living in the seat of government, Washington D. C., have no representation in Congress. U.S. citizens located within states of the Union who are residents of the federal territory within a state may vote in federal elections but not local ones. The only power these U.S. citizens have is to vote for Congress, the Electoral College and whatever state candidates are on the ballot. The people of the United States constitute the citizens and electors for the governments of the states but they are not the subjects of government or subject to its jurisdiction. The U.S. citizen Voter Registration Form (VRF) is the basis for the federal juries, so the reader should see immediately that correctly completing the Form is critical to confining the feds to the federal judicial districts. The feds are hiding the fact that federal judicial district consist only of the federal ceded territory within the state’s counties that comprise the districts. Federal judges in federal courts are not free to do justice because they have no judicial powers. The federal district court judges that populate those courts are not constitutional Article III jurists, they are Article I legislative officers of the United States.

Though these judges / administrative officers are appointed to life terms by the President with the advice and consent of the Senate they can only wield legislative power. Without the judicial power of the United States, these federal judges are mere administrative arbiters for those who submit administrative disputes for their disposition. Non-judicial courts invite more mistakes and more injustice. Federal administrative courts must charge a felony by a true bill of indictment brought by a federal grand jury and convict by a petit jury of U.S. citizens. These citizens would be extremely scarce if the feds were not able to create through the voting process another way to confuse the so-called U.S. citizen. The people of the states who can only prove birth in one of the several states are being told they can only vote if they declare themselves to be U.S. citizens. All the Voter Registration Forms (VRF) produced by state election officials are all written to proclaim that only U.S. citizens may vote, because these forms are for U.S. citizens State election officials must conduct elections for both state and federal offices and are entirely responsible for the manner in which those elections are conducted. Federal election officials direct federal money to the states and have demanded and obtained uniformity in which federal electors are identified. We do not have to accept the VRF as it is printed; in fact, it is our duty to correct it.

We cannot be prohibited from making corrections to the form, so it is appropriate and necessary that the VRF be corrected so that it can be signed by a testimonial oath of truth and nothing but the truth, so help me God, rather than under a penalty of perjury by a citizen of a state or a naturalized citizen of the United States of America.

To avoid subjecting yourself, to U.S. jurisdiction, and thereby subjecting some Californian [or enter your state] to unwelcome jurisdiction of the federal bureaucracy, you can do what I do-register as a citizen of your birth state. Once registered, you become an elector of the state where you registered to vote. A person must be a qualified elector to hold public office, so acknowledgment of your successful registration a state citizen will confirm the legitimacy of your state citizenship status. What will registering as a state citizen do for you and California [enter your state]?

Substantial numbers of non-U.S. voter registrations will free Californians from bondage to the federal government, John Ashcroft, and George Bush. Who are U.S. citizens? This is not easy to answer because this is more a why question than a who question. When a citizen of the United States is subject to the jurisdiction thereof, why would you want to be a U.S. or United States citizen? When you finally and safely reach past the midpoint of life, you have learned some rules that you can freely share with those still making the climb through life. One of these important rules is: Do not claim what you cannot prove. A sound, good life is one that seeks truth and there is no better way to find truth that to live the truth.

On the VRF, you do not want to claim to be a U.S. citizen when you cannot prove it. Most people can claim to be a citizen of the state in which they were born because this is the law everywhere. Diplomats are not subject to this rule, so when you are the child of a diplomat, you may be a citizen of your parent’s country.   The United States describes 50 states united in a confederation called the United States of America, or it can be a government consisting of representatives from those 50 states. Whatever the United States or U.S. might be, it is difficult to be a citizen of the United States and so much easier to be a citizen of the state where you were born.

Registering to vote as a citizen of the state where you were born or a citizen of the United States of America is all you need to prove that you are NOT a U.S. citizen. You cannot prove you are a citizen of the U.S. or the United States, when all you have is a birth certificate showing birth in one of the several states. Citizens of Puerto Rico are made citizens of the United States by act of Congress and thereby subject to the jurisdiction of the United States.

There is a definite ambiguity related to being a U.S. citizen that can only be resolved by an investigation of how those who assert U.S. citizenship fare. U.S. Individuals are those who must contend with the onerous laws, rules and regulations of the Title 26 U.S.C., and the administration and enforcement of the Internal Revenue Service. We know that members of Congress and the inferior federal judges of the United States district courts must make and file U.S. Individual Income Tax Returns Form 1040 because the oath prescribed by the Constitution in Article VI requires them. These individuals of the legislative branch fit the description of citizens of the United States who subject themselves to the supreme Law of the Land.   The Fourteenth Amendment does not describe the individual citizens of the states of the Union:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. Registration as an elector based on the citizenship provided by your birth state precludes you being subject to the jurisdiction of the United States or the U.S.  The individual citizens of the states constitute the electors of those states who are not subject to the jurisdiction of the United States. The VRF you use must be corrected if you are to claim citizenship of your birth state. Do not claim to be a United States citizen unless you are sure you are and never certify anything under penalties of perjury.

Federal Territorial Jurisdiction

& Related Authority

The Constitution does not establish the Federal government as the territorial legal authority over us, but rather it establishes the federal government as the legal authority around us and between us. The State governments remain as the representative of the sovereign (We the People) and retain their territorial jurisdiction over their own citizens and own affairs. The Federal government is given authority by the Constitution over affairs with foreign countries (around us), and over interstate commerce (between us), but not directly over us.

The Constitution, of course, gives the federal government complete authority over all foreign affairs and foreign persons in America. Article 1, Section 8, Clauses 3 and 4 of the Constitution grant powers to the federal government over foreign affairs, agreements, and persons; and Article I, Section 10, Clauses 1, 2 and 3 of the Constitution prohibit the States from enacting agreements with foreign entities. This absolute federal jurisdiction over all agreements with foreign governments and over all foreign persons in America is part of the legal authority allowing for the passage of a tariff act authorizing the collection of an income tax from foreign persons on their activity in America.

To see that the income tax actually created by the tariff act is only imposed by law within this foreign jurisdiction that the federal government possesses under the constitution over all foreign matters, and is not actually imposed domestically beyond that foreign jurisdiction on citizens and residents within America, one only need examine the difference in the treatment under the law between non-resident aliens and resident aliens in regards to the withholding of tax at the source.

From the legal definition of the Withholding Agent we clearly see that non-resident aliens are subject to the withholding of income tax underSection 1441. However, as soon as a non-resident alien becomes a resident alien, then he/she is no longer subject to the withholding of income tax at the source by the Withholding Agent because he/she is no longer part of the definition of the Withholding Agent’s authority over subject persons. The statutory definition of the Withholding Agent, from Title 26 U.S.C. Section 7701(a)(16), only specified that withholding was required under Sections 1441, 1442, 1443 and 1461, as we have seen. Once the non-resident alien become a resident alien they are no longer the subject of the tax, and it is no longer authorized to be withheld from them because they are no longer within its jurisdictional reach because as a resident of one of the fifty states the aliens’ activity is now recognized by the law as being domestic and not foreign, and therefore outside the federal territorial and subject matter jurisdictions.

The resident alien’s economic activity is no longer within the foreign jurisdictional authority of the federal government because they are now under the territorial jurisdictional authority of the state government that they are resident within. Tariffs are imposed on foreign activity, not domestic. As soon as the non-resident alien becomes a resident (“resident” is defined in the law) his activity is recognized by the law as being moved from the “foreign” category that is subject to a tariff, and into the “domestic” category, which is outside the subjectivity to any tariff, and the withholding of tax from their payments terminates. Domestic activity is not subject to any tariff because a tariff is a foreign tax. Even when the activity is conducted by a foreign person who has become a resident in the U.S. (but who is still foreign) the tax is not withheld at the source because the resident is not subject to the payment of a tariff, because a resident’s activity is not considered foreign, but domestic, and is therefore not lawfully subject to payment of a tariff on foreign activity. If resident aliens aren’t even subject to the income tax it is of course absurd to even suggest that American citizens are, or ever were the proper subjects of this income tax in the form of a foreign tariff – that is all government mythical fiction and propaganda, as we have exposed.

Additionally, the Federal government is the territorial authority in the U.S. territories and possessions, where it is the authority over the people in those places, but not in the fifty states.

And what does the Supreme Court say about Federal jurisdiction

“The laws of Congress in respect to those matters {outside of Constitutionally delegated powers} do not extend into the territorial limits of the States, but have force only in the District of Columbia, and other places that are within the exclusive jurisdiction of the national government. Constitutional restrictions and limitations were not applicable to the areas of land, enclaves, territories and possession over which Congress had exclusive legislative authority” Downes v. Bidwell, 182 US 244

“Special provision is made in the Constitution for the cession of jurisdiction from the States over places where the Federal government shall establish forts or other military works. And it is in these places, or in territories of the United States, where it can exercise a general jurisdiction.” New Orleans v. United States, 35 US (10 Pet.) 662 (1836)

“All legislation is prima facie territorial” American Banana Co. v. United Fruit Co., 213 U.S.347, 357-358.

“There is a canon of legislative construction which teaches Congress that, unless a contrary intent appears [legislation] is meant to apply only within territorial jurisdiction of the United States.” United States v. Spelar,  338 U.S. 217, 222

“the United States never held any municipal sovereignty, jurisdiction, or right of soil in Alabama or any of the new states which were formed … The United States has no Constitutional capacity to exercise municipal jurisdiction, sovereignty or eminent domain, within the limits of a state or elsewhere, except in the cases in which it is expressly granted …” Pollard v. Hagan, 44 U.S. 212, 221, 223.

“… the states are separate sovereigns with respect to the federal government” Heath v. Alabama, 474 U.S. 82.

“No sanction can be imposed absent proof of jurisdiction” Stanard v. Olesen, 74 S. Ct. 768.

“Once challenged, jurisdiction cannot be ‘assumed’, it must be proved to exist.” Stuck v. Board of Medical Examiners, 94 Cal2d 751

“Jurisdiction, once challenged, cannot be assumed and must be decided.” Maine v. Thiboutot, 448 U.S. 1 (1980)

“… Federal jurisdiction cannot be assumed, but must be clearly shown.” Brooks v. Yawkey,200 F.2d 633 (1st Cir.)(1953)

“The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings” Hagans v. Lavine, 415 U.S. 528.

“If any tribunal finds absence of proof of jurisdiction over person and subject matter, the case must be dismissed.” Louisville & Nashville Railroad Co. v. Mottley, 211 U.S. 149.

“It is well established principle of law that all federal legislation applies only within the territorial jurisdiction of the United States unless a contrary intent appears” Foley Bros. v. Filardo, 336 U.S. 281.

“Jurisdiction is essential to give validity to the determinations of administrative agencies and where jurisdictional requirements are not satisfied, the action of the agency is a nullity..” [City Street Improv Co. v. Pearson, 181 C 640,185 P. (1962); O’Neil v. Dept. of Professional & Vocational Standards, 7 CA2d 393, 46 P2d 234]

“The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings” [Hagans v. Lavine, 415 US 533]

“Failure to adhere to agency regulations may amount to denial of due process: if regulations are required by Constitution or statute.” [Curley v. United States, 791 F. Supp. 52]

“Indeed, on this crucial point, the majority and Justice Breyer agree in principle: the Federal government has nothing approaching a police power.” United States v. Lopez, No. 93-1260, 115 S. Ct. 1624, 131 L. Ed. 2d 626 (1995).

“…the commerce clause…has always been understood as limited by its terms; and as a virtual denial of any power to interfere with the internal trade and business of the separate states” U.S. v. Dewitt, 76 U.S. 41; 9 Wall 4; 19 L. Ed. 593

4 USC § 72. Public offices; at seat of government.

All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law.

 

 

Citizenship – The American Citizenship Question

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(For Frank ‘Austin’ England III)  
(Blog Master’s Note: Because my comment was far too long on this posting I have placed in on Keystoliberty, titled as ‘A System of Frauds’.  )

THE AMERICAN CITIZENSHIP QUESTION vs citizen

of the UNITED STATES

 

First is the issue of your being a citizen of the United States. Most everyone would seemingly agree that they are a “proud American” and therefore equally proud to be called a citizen of the United States. But how do the law and the Supreme Court define a United States citizen and most importantly the rights, privileges and immunities associated with being one.

“there is in our Political System, a government of each of the several states and a government of the United States  Each is distinct from the other and has citizens of its own.”. United States v. Cruikshank, 92 US 542, (1875) “There is a clear distinction between national citizenship and state citizenship.” 256 P. 545, affirmed 278 US 123, Jordan v. Tashiro (1928)“The only absolute and unqualified right of a United States citizen is to residence within the territorial boundaries of the United States,” US vs. Valentine 288 F. Supp. 957.

“The privileges and immunities clause of the 14th Amendment protects very few rights because it neither incorporates the Bill of Rights, nor protects all rights of individual citizens. Instead this provision protects only those rights peculiar to being a citizen of the federal government; it does not protect those rights which relate to state citizenship.”
Jones v. Temmer, 89 F. Supp 1226

Does the above comport with your pre-established notion that being a United States citizen is the best of all worlds regarding your rights, freedom and liberty. Did you even know there was such a thing as a state Citizen and it was different from being a U.S. citizen?  Are you possibly shocked to know that as a 14th Amendment U.S. citizen, one does not have the protection of the Bill of Rights; in fact 14th Amendment U.S. Citizenship protects very few rights! Did the government employees teaching in the public schools ever teach you this!

As the Kilo case on Imminent Domain decided by the Supreme Court in 2005 clearly demonstrates, U.S. citizens do not have private property rights or protection from bizarre imminent domain takings. If you can fight off the psychological effects of cognitive dissonance for just a few more minutes, you might be wondering; “How did I get to be a U.S. citizen? And could it possibly be true that my political status as a U.S. citizen deprives me of the rights, privileges and immunities that I was taught were part of being a free American?”

The short answer is, you volunteered. That’s right, you volunteered to be a U.S. citizen devoid of Constitutionally protect rights, devoid of even God given unalienable rights. How did you do this volunteering you might ask? Well, when you decided that you needed a Social Security card you also agreed to become a U.S. citizen and accept what the legal experts call compelled benefits. And herein lies the “real beauty” of the system developed to make you into something you never though possible, a person living in voluntary servitude. Ok, that cognitive dissonance thing just kicked in again. Let’s take this one step at a time.

By signing the SS5 form (Social Security Application) you voluntarily assented to transform by agreement your political status. Look at 5 USC 552A (a)(13)

“The term “Federal personnel” means officers and employees of the Government of the United States, members of the uniformed services (including members of the Reserve Components), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States (including survivor benefits).” Emphasis Added.

By agreeing to accept those measly Social Security payments 40 or 50 years out, you agreed to live your entire life “through” a constructive “federal person” i.e. “public vessel.” For those of you who like me spent some time in the military, you will know what I mean when I say that being “federal personnel” is like being a Humvee or a tank or a cooking utensil in the mess tent; you are just a piece of property. The term G.I. meaning, Government issue.

But there it is in black and white, your U.S. Congress passed legislation and the U.S. President signed that legislation that says if you volunteer to get a Social Security card you become government chattel property. Why do I keep saying you volunteered to get the Social Security Card, you ask? For the simple reason that to this day there is no law requiring you to get a Social Security number, no law within the 50 titles of the United States Code that makes the possession or use of a Social Security Account mandatory.

Back in the 1930’s a very devious man named Franklin Delano Roosevelt was working diligently to turn this once great Republic into a legislative democracy where socialistic concepts could reign. As it turns out, Roosevelt had this little problem with the Supreme Court. The nine justices on the Supreme Court were ruling against some of the foundational planks of Roosevelt’s diabolical scheme. The risk was that the centerpiece of his “New Deal”, Social Security, might be found unconstitutional. So Roosevelt made his famous threat to “pack the Court” with lots of justices until he could make the Court safe for democracy and socialism.

Well, to make a long story short, a story that is more fully described in the book U.S. Of A. v U.S., The loss of legal memory of the American state, the Court took Roosevelt’s threat seriously and made a “switch in time that saved nine.” Essentially, the Court threw out over one hundred years of protecting the people from power grabs by the federal government. The Court gave Roosevelt his way, thus paving the way for the “democracy” and all the evils that the Founding Father’s rightly associated with a democracy. But the Supreme Court snuck in a few little items that allowed the People “an out” if they didn’t want to fall into the servitude trap. They ruled that Social Security must be voluntary. The 13th Amendment states:

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

You see that the 13th left the possibility of voluntary servitude!

Now if you have ever tried to open a bank account, fill out a job application or even rent a video, you might not think that having a Social Security number is voluntary, but that is the genius of the plan. The law says that making application to receive benefits under the Social Security Act is completely voluntary and in fact goes so far as to state in every one of the 50 Titles of the United States Code that mentions the Social Security number, that you cannot be denied any right or privilege if you do not provide a Social Security number (with the obvious exception of dealing with the Social Security Administration). The way they got the scheme to work was to make the employers, banks, state and local agencies and everyone else treat you and make their computer system operate as if having a Social Security card was mandatory.

Now if your mind is off pondering the magnitude of this great deception, let me ask you to come back to the discussion for a few more moments. There are two other very important points that you have to understand about the execution of the plan.

First, once you are in the “system” accepting the benefits there under you are legally barred from complaining about it or raising the issue that it might be un-Constitutional. Justice Brandeis, a Supreme Court Justice during the 1930’s developed what are referred to as the Brandies Rules. Rule number six is the one that gets you. Take a look.

The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits.

Read that again. If you volunteer to be a Social Security “beneficiary” you instantly become ineligible to go to the Courts and challenge the constitutionality of the very same laws.

And since you also decided . . . knowingly or not, to become a 14th Amendment citizen at the same time you also now fall under Article 4 of the 14th Amendment, which states:

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.

Yup, they just got you again. If, as a U.S. citizen you think the government ought to live within its means and not be five or ten trillion dollars in debt, you cannot question the debt. Do you think you are done getting suckered in this deal? Guess again, it gets worse.

Now, there are literally thousands of people across the land that are variously known as “tax protestors”, members of the “tax honesty movement” and other names, good and bad depending on which side of the fence you sit with respect to the income tax. Once upon a time some people threw a bunch of tea into a harbor over a tax amounting to 1% or less. Today, we give up 20 or 30% of our income plus pay 50 cents per gallon of gasoline and pay taxes on everything we own including the roof over our heads. Now hear this, you fans of truth, justice and the American way!

Given the above disclosures about the joys and benefits of being a U.S. citizen, would it surprise you that you volunteer to take responsibility as the “employer” and pay the income tax of the afore referenced constructive public vessel that comes with the social security number? That’s right, you raise your hand and ask the good old taxman to raid that vessels paycheck. Now you may be proud to pay what you believe to be your taxes and this author will not disparage your patriotism one little bit. But don’t you wish just a little that the U.S. government would be honest about the source of authority for imposing the income tax on your earnings.

This author’s considered and studied opinion is that the source of authority for the income tax can be found at Title 8 of the Social Security Act of 1935, which states:

TITLE VIII- TAXES WITH RESPECT TO EMPLOYMENT

INCOME TAX ON EMPLOYEES BUT NOT ON THEIR EMPLOYERS!

SECTION 801. In addition to other taxes, there shall be levied, collected, and paid upon the income of every individual a tax equal to the following percentages of the wages (as defined in section 811) received by him after December 31, 1936, with respect to employment (as defined in section 811) after such date:

Remember, you volunteered into Social Security, so any taxes, especially the above referenced income tax, are self imposed by your own voluntary action. Welcome to being a U.S. citizen.

NOTE: Actually, you volunteered to accept the conditional use of, and employ a constructive United States public vessel identified by a vessel identification number [and termed a Social Security Number] FOR THE PURPOSE TO DO BUSINESS IN COMMERCE IN A PUBLIC PRIVATE JOINT VENTURE WITH THE UNITED STATES INC. (A quid pro quo consideration.)

That constructive vessel is wholly owned by the Social Security Administration. You are in fact, only the employer of that constructive vessel and don’t come within the provisions of Section 801 personally. It is the constructive public vessel, that is the creation of the Social Security Administration and thereby, said vessel is the federal entity that is exclusively subject to the tax under Section 801. One further verifying fact re the above noted operation of law: When the IRS presents printed material in the form of unsecured offers of debt to the PUBLIC VESSEL and identifies that vessel with the vessels registration number; in that printed material is included reference to the Employer Identification Number or EIN. The vessel number can be recognized by the nature of the display of its number: SSN 000-00-0000. The Employer number is the identical number, but is displayed as: EIN 000000000, no dashes.

The IRS addresses two (2) entities, not just one . . . one is fictional and one is natural and upon which the law is quite clear, the natural entity, cannot give up his or her natural rights, even if they choose to do so.) The law will not tolerate a voluntary servitude that by that servitudes nature, rises to the level of a condition of peonage originating out of a constructive fraud.

Now to wrap up our conversation, you are probably wondering is there really a difference between the United States and the United States of America? Could there really be a subtle but distinct difference that affects the rights you enjoy, the taxes you pay and even whether or not you have rights under the Constitution and the Bill of Rights? Once again we can look to the U.S. government’s own documents to show that not only do they recognize a distinction between the United States and the United States of America, they allow you to choose which one you want to be legally bound to.

In title 28 of the United States Code (28 USC) we find at section 1746 the following:

TITLE 28, PART V, CHAPTER 115

§1746. Unsworn declarations under penalty of perjury

Release date: 2005-09-29

Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the un-sworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:

(1)        If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)”. Emphasis Added

(2)       If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”.

Please look at numbers 1 and 2 above. You can make unsworn declarations into the United States or into the United States of America. Take further notice that the United States of America seemingly even has its own laws that are different from those in the United States. The presumption (a legal term) is that if you do not specifically state you want to declare in the United States of America and under the laws thereof, you automatically fall under the umbrella of the United States which at Title 28 Section 3002, subsection (15) is defined as  ”United States” means—(A) a Federal corporation;

That’s right Toto, we’re not in Kansas anymore!!

The Senate has a publication called Constitution of the United States of America, Analysis and Interpretation. This particular document is 2710 pages in length. It is the Senate’s official version of it’s understanding of the Supreme Court’s interpretation of the Constitution of the United States of America. In that lengthy document, on page 53, the astute reader will find when the Supreme Court is referring to the Constitution of the United States of America it states:

“and that is was made for, and is binding only in the United States of America.” Downes v. Bidwell,182 U.S. 244, 251 (1901); In Re Ross,
140 U.S. 453, 464 (1891)

The question begs to be asked, “If the Constitution of the United States of America is made for and binding only in the United States of America, then what is made for and binding only in the United States Inc.? Since the answer is not a simple one liner, you might want to pick up a copy of the book U.S. of A. v U.S., The loss of legal memory of the American state by visiting the website

http://www.USofAvUS.com or by calling the publisher at 828-398-4358. The authors provide a painstakingly researched, legally sound disclosure of what the true state of affairs is today. To be a “good American” is to be ever vigilant to the threat of tyranny, from without and within. If you are just now being introduced to the fact that you do not have the rights you thought you had, being a U.S. citizen is not all its cracked up to be, and the folks in Washington, D.C. might not be telling the truth, the whole truth and nothing but the truth, so, get a copy of the book U.S. of A. v U.S., The loss of legal memory of the American state, which also includes an MP3 CD with 10 hours of audio lectures on this same material as found in the book. The book also contains an access code to allow you to join the educational website for the first year.

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