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American Banana Co. v. United Fruit, Articles of Confederation, Brooks v. Yawkey, citizenship, Declaration of Independence, Downes v. Bidwell, Foley Brothers v. Filardo, Hagans v. Lavine, Heath v. Alabama, Louisville and Nashville Railroad v. Mottley, Maine v. Thiboutot, New Orleans v. United States, register to vote, remedy for voting, Standard v. Olesen, state citizenship, Stuck v. Board of Medical Examiners, U.S. Citizen, U.S. v. Dewitt, United States v. Lopez, United States v. Spelar, voting
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.
