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Introduction
I was born a first class citizen. I
entered into contracts that, without my knowledge, made me a
second class citizen. I am working on the legal process of
restoring my first class citizenship status.
I was surprised to find that the United
States government recognized two District classes of citizens,
let alone that my citizenship status had changed. At first I did
not believe it. It was not until I learned how to use the law
library in the county court house that I was able to confirm my
status. I am not all attorney so this paper should not be
considered as legal advice. It may be used for tile basis of your
own research. This paper does not have a copyright, so you can
copy all or part of it. This paper borrows research from other
papers without copyrights written by people across the nation. I
will describe the big picture first, then I will substantiate the
claims made and give a more detailed picture later.
You may find the ideas presented here
conflict with the model of government that you have been taught.
You may also find these ideas impossible to believe. This is
understandable. The further you read, the more you may change the
way you filter information about what the government is doing. If
you cannot believe any of this, please set this paper aside.
Sometime in tile future, you may come back to this paper and it
may make more sense. I believe that the concepts described here
are true. But, you should not! If you accepted tile ideas ill
this paper without confirming them from other sources, then you
are a fool! If I call change your model of reality in one paper
then someone else might be able to fill your head with nonsense.
Please be skeptical. Even if you do not agree with tile central
premise, you may agree with some of the research. If so, you will
still get something out of this paper. There are many Citizens
doing research oil the topics described in this paper. Some will
sell tile results of their research while others will practically
give it away. This paper does not discuss some of the more
advanced topics (Citizen militia commercial liens, common law
liens, common law trusts). At the end of this paper, I will
supply you with the names of books, magazines, newspapers,
computer bulletin boards that Fill in some of the details that I
have excluded.
The big picture
The United States of America is a unique
nation. It was the first constitutional republic in tile world.
Before the American Revolution, the King of England owned all the
land in his colonies. The inhabitants of the colonies were his
subjects. When the war was over, tile King signed the Treaty of
Peace.
ID that
treaty lie said that all ill,-land in the former colonies was
owned by the people and all of his sovereign powers that he held
in the colonies were transferred, not to tile government of the
colonies but, to the People of the colonies. This made all of the
Citizens of the colonies sovereigns. This has never happened
before or since in any other country. In other countries, the
government is sovereign. It makes laws for its subjectcitizens
and it gives them their rights. In the United States, the People
were sovereigns. The People were endowed, by their creator, with
certain rights and tile government was instituted to secure those
rights. We the People, gave a portion of our sovereignty to tile
state government, and the states gave a small portion of the
sovereignty we gave to them to the federal government so that it
would be strong enough to defend the People. The Constitution for
the United States of America describes the powers that the states
gave to die federal government.
If the federal government is defined by
the Constitution, and the Constitution says that I am a
sovereign, why do I feel like a subject? I own my house. If I
don't pay my property tax the government will go to a court
and
remove me from it just as the courts would
remove me from an apartment if I (Ed not pay the rent. Do I
really own the land if someone can take it away from me simply
because I don't pay them for the use of it? Could the King of
England have the land taken away from him if lie did not pay a
tax? So long as I don't cause injury to someones person or
property or defraud them shouldn't 1, as a sovereign, have
the right to do anything I want'? Today there are so many
rules and regulations that the government has that I think nearly
everything I do is against some law. What has happened to my
sovereignty? Isn't the government sovereign over me? Are
there any sovereign People left in the United States of
America?
There are hundreds of thousands of
sovereigns in the United States of America but I am not one of
them. The sovereigns own their land in "allodium." That
is, the government does not have a financial interest in
the
their land. Because of this they do not need to pay property
tax (school tax, real estate tax). Only the powers granted to the
federal government in the Constitution for the United States of
America define the laws that they have to follow. This is a very
small subset of the laws most of us have to follow. Unless they
accept benefits from or contract with the federal government,
they do not have to pay Social Security tax, federal income tax,
or resident individual state income tax. They do not need to
register their cars or get a driver's license unless they
drive commercially. They will not have to get a Health Security
Card. They can own any kind of gun without a license or permit.
They do not have to use the same court system that normal people
do. I am sure that most people reading this are saying to
themselves that this can not be true. I know I did when I first
heard of it.
The government recognizes two distinct classes of
citizens: a state Citizen and a federal citizen.
A state Citizen, also called a de jure
Citizen, is an individual whose inalienable natural rights are
recognized, secured, and Protected by his/her state Constitution
against State actions and against federal intrusion by the
Constitution for the United States of America.
A federal citizen, also called: a 14th
Amendment citizen, a citizen of the United States, a US citizen,
a citizen of the District Of Columbia has civil rights that are
almost equal to the natural rights that state Citizens have. I
say almost because civil rights are created by Congress and can
be taken away by Congress. Federal citizens are subjects of
Congress,, under their protection as a "resident" of a
State, a person enfranchised to the federal government (the
incorporated United States defined in Article 1, section 8,
clause 17 of the Constitution). The individual States may not
deny to these persons any federal privileges or immunities that
Congress has granted them This specific class of citizen is a
federal citizen under admiralty law (International Law). As such
they do not have inalienable common rights recognized, secured
and protected in the Constitutions" of the States, or of the
Constitution for the United States of America, such as
"allodial" (absolute) rights to property, the rights to
inheritance, the rights to work and contract, and the right to
travel among others.
A federal citizen is a taxable entity like a
corporation, and is subject to pay an excise tax for
the
privileges that Congress has granted him/her.
The rights that most people believe they
have are not natural rights but civil rights which are actually
privileges granted by Congress. Some of these civil rights
parallel the protection of the Bill of Rights (the first 10
Amendments to the Constitution), but by researching the civil
rights act along with case law decisions involving those rights,
it can be shown that these so-called civil rights do not include
the Ninth or Tenth Amendments and have only limited application
with regard to Amendments One through Eight.
If you accept any benefit from the federal
government or you claim any civil right, you are making an
"adhesion contract" with the federal government. You
may not be aware of any adhesion contracts but the courts are.
The other aspect of such a contract is that you will obey every
statute that Congress passes.
State Citizens cannot be subjected to any
jurisdiction of law outside the Common Law without their knowing
and willing consent after full disclosure of the terms and
conditions, and such consent must be tinder agreemen t/con tract
sealed by signature. This is because the Constitution is a
compact/con tract created and existing in the jurisdiction of the
Common Law, therefore, any rights secured thereunder or
disabilities limiting the powers of government also exist 'in
the Common Law, and in no other jurisdiction provided for in that
compact!
Federal citizens are presumed to be
operating in the jurisdiction of commercial law because that is
the jurisdiction of their creator -- Congress. This is evidenced
by the existence of various contracts and the use of negotiable
instruments. All are products of international law or commercial
law Uniform Commercial Code]. Under Common Law your intent is
important; in a court of contract (commercial law) the only thing
that matters is that you live up to the letter of the contract.
Because you have adhesion contracts with Congress, you can not
use the Constitution or Bill of Rights as a defense because it is
irrelevant to the contract. As stated previously, the contract
says you will obey every statute passed by Congress. A federal
citizen does not have access to Common Law.
To restate: state Citizens are bound and
protected by the Constitution, like the founding fathers intended
and like we are taught in school what citizenship means. Federal
citizens have made further agreements with the federal government
and are bound by these contracts.
The Constitution empowers the Federal
Government to Operate on behalf of the
several States in dealing with foreign relations and matters of
treaties, trade agreements, etc., under the purview of
International Law.
Exercise limited
constitutional jurisdiction to interact with the several States
in regulating trade, commerce, etc., between the States to insure
equitable continuance of the compact.
Exercise exclusive
jurisdiction of the District of Columbia, the Territories, and
enclaves, in the same manner that a state exercises jurisdiction
within its boundaries.
Rights are considered gifts from the
Creator, and not to be disturbed by acts of man. Some of these
rights were considered important enough to be specifically stated
to be secured from Federal encroachment in the Bill of Rights,
upon the theory that these rights existed long antecedent to the
creation of the nation, and the theory that a government, left to
its own devices without restriction, could and would use man made
law to defeat the liberty that this Republic was intended to
represent.
I was born in one of the several states,
the Pennsylvania Commonwealth, so why am I not a state Citizen?
The answer is that I was born a state Citizen but, I unknowingly
gave it up to become a federal citizen so that I could receive
benefits from the federal government. Some of the benefits that I
received were: a Social Security Number, receiving mail sent to
the state of PA, receiving mail with ZIP Codes, having FDIC
insurance on the money left in a bank, and using Federal Reserve
Notes (dollar bills) without protest. This sounds crazy. Would
you give away sovereign powers for benefits like
these?
If you have a Social Security Number
(SSN), you are not a state Citizen. In the near future, I will
send papers into the District of Columbia stating that I am
recinding my application for a SSN. If I had known that applying
for a SSN would affect my citizenship status, I would not have
applied. I found out that Social Security is voluntary and that I
can work without a SSN.
The Pennsylvania Commonwealth is one of
the "several states" described in the Constitution. The
"several states" were severed from each other. The law
treats the several states as independent countries. The Buck Act in
1940 created federal areas inside the states. If you live in a
federal area, you are subject to federal territorial laws and the
municipal laws of the District of Columbia. The Internal Revenue
Service (IRS) is internal to the District of Columbia. The
Pennsylvania Commonwealth is not part of the District of
Columbia, but the Commonwealth of Pennsylvania is. PA is the name
that the post office recognizes for mail sent into the
Commonwealth of Pennsylvania, which is a federal area. Pa.,
Penna., and Pennsylvania are the names that the post office uses
for mail sent into the Pennsylvania Common wealth, which is not a
federal area. If I accept mail sent to PA, I am saying that I
live in part of the District of Columbia. The same situation
exists in the other states.
Your ZIP Code determines which ZIP Code
region you live in. ZIP Code regions are federal areas. The IRS
has adopted the ZIP Code regions as IRS regions. If you accept
mail that has a ZIP Code on it, you are in a federal territory
and thus subject to the IRS and all other municipal laws of the
District of Columbia.
I find the most
offensive trick to get me to lose my sovereignty was that if I do
not protest using the only legal tender in America, the Federal
Reserve Notes (FRN), also know as U.S. Dollars, I am receiving a
benefit. This is a complicated trick that I will explain in
detail later.
Of course there are
many other benefits that many people use that the sovereigns
cannot. Among these are Social Security checks, welfare checks,
food stamps, federally insured bank accounts, Medicaid, Medicare,
and sending children to publicly funded schools.
I am not trying to
get everybody to give up government benefits. If you wish to
support and be supported by the federal government, much like
people in other countries do, then by all means, go ahead and do
so. But, if you wish to be a sovereign protected by the Bill of
Rights and not pay many of the taxes that you are paying now but
also not receive benefits, then there is an alternative. It is
not an easy alternative. The law makers want control over you.
They have made the legal system complex. It takes years for
attorneys to learn the language and procedures Of Our legal
system Fortunately you do not need to know everything an attorney
needs to know. You do need to have a basic understanding of how
our legal system works. You may be surprised that it bears little
resemblance to television courtroom dramas.
I also must warn you
that reclaiming your state Citizenship status may have negative
effects on your life. Besides the lack of benefits, such as
unemployment checks, you are treated more harshly if you get
convicted of a common law crime if you are a state Citizen. If
you get convicted of rape and you are a federal citizen, you may
get five years in an air conditioned prison with cable TV and three meals
a day. If a state Citizen gets convicted, by a common law jury,
of rape, he could be put to death.
All of the
information describing how the United States really works and how
it is supposed to work was so spread out that few people could
see the big picture. The communication revolution has changed
this. Computer bulletin boards across the country provided a
means to share research. Tax protesters, ranchers, religious
people, historians, gun owners, and others have all found pieces
of the puzzle. Perhaps there are more pieces to find.
These researchers
started on different legal threads. They followed and untangled
the threads until they reached the source; The Constitution for
the United States of America. The surprising thing is that the
researchers did not know about each other but they each came to
similar conclusions. Some of the minor details are being debated
by researchers. The overall conclusions are described in this
paper. Some of their research is not
described here. The
longer THIS paper is, the more unlikely it is that people
unfamiliar with this subject will even attempt to read
it.
If every Citizen in
the colonies became a sovereign, how could any Citizen lose their
sovereignty? The Citizens of each of the several states in the
Union were sovereigns. But the people in a territory or in the
District of Columbia were not because the territories and the
District of Columbia were not in the Union. Congress had/has
exclusive legislative control over these areas. The states were
governed by a "constitutional republic" while the
territories were ruled by a "legislative democracy". In
a legislative democracy the citizens have no rights except what
Congress gives them. In the constitutional republics, the
Citizens have rights given to them by their Creator and
Congress is the Citizens servant. This is why Citizens, having
left a state to buy or conquer land from the native
Americans, would apply for statehood as soon as
possible.
How is it that
someone who was born in and has lived in a state all his/her fife
can be treated Like a citizen of the District of Columbia? There
has been a series of steps that Congress has made to convert the
state Citizens into federal citizens. Over the years, our laws
have been made unreadable by the average intelligent person. The
14th Amendment was illegally passed creating a federal citizen
who can not question the federal debt. The Federal Reserve Act of
1913 turned over our money to a private banking cartel. Social
Security created Social Security Districts (or territories) in
which people with SSN lived. The Buck Act created federal areas
inside the states. Let's describe each of these steps in
detail.
Reasons I believe
this
To show that Congress has made the laws
unreadable by the average person, an objective method of
measuring the readability of English text must be discussed.
English scholars use a scale known as the "Flesch
Index" that measures the level of understanding necessary
for an individual to comprehend the written English language.
Newspapers are written at an average comprehension level of 7.
The average high school graduate reads and understands at a level
of 10. The average law school graduate reads and comprehends at a
level of 15. The Internal Revenue Code ranks on this index at all
average level of 31, with some specific provisions; as high as
55. And the Words that are used in the law have specific legal
definitions that are different from the common English
definitions. If the laws that we are supposed to obey are written
at a level that an individual of reasonable intelligence cannot
understand then perhaps we should be highly suspect of the law
writer's motives. My word processor's grammar checker
tells me that this paper is written at level 11.5. People in this
country cannot understand at this level. How many people have the
time, energy, and ability to go into a law library and piece this
together'! By making the law so difficult to read, Congress
has effectively removed our access to it.
To show how the
government uses common English words in such a way that they have
meanings that are different from what you might think, I will
show how the word 'state' is redefined. In the IRS code,
it says you are subject to the income tax if you live in: one of
the states, the District of Columbia, Puerto Rico, Guam or the
northern Marranara Islands. From this definifion it sounds as if
I need to pay income tax. But, if you look at how the IRS defines
the word state you probably will be confused. In the definition
of the word state, it uses the word state. If you check this
definition in years back you will see it has been modified
several times Before Alaska was admitted into the Union, it was
in this list of states. After it became one of the states of the
Union, it was not listed in the IRS definition of a state. The
same thing happened to Hawaii. What does this mean? The
definition that is used in the IRS code for the word state, is
not a state like Texas but a state like Queen, that is a federal
territory. The Federal Zone is a book listed in the other
source's section of Oils paper describes this and other words
that have specific legal definitions that are, sometimes, the
opposite of the common definition.
So far I have stated
some unconventional ideas. To substantiate them I will cite
standing decisions made by the courts and statutes passed by
Congress. Unless the decision or statute is in quotation marks,
it has been
6 paraphrased. Please
look up the decision or statutes to verify my paraphrase. At the
end of this paper, I will give the names of books and
publications that give more information on the subject. One of
the books will teach you how to find and understand the
law.
"People of
a state are entitled to all rights which formerly belonged to the
king by his prerogative." Lansing v. Smith, 21 D.
89.
"At the
revolution, the sovereignty devolved on the people; and they are
truly the sovereigns of the country, but they are sovereigns
without subjects, and have none to govern but themselves: the
citizens of America are equal as fellow citizens, and as joint
tenants in the sovereignty." Chisholm Exp v. Georgia (US) 2
Dale 419, 454; 1 L Ed 440,445 @DALL 1793 pp
471-472.
of
as
general rule men have natural right to do anything which their
inclinations may suggest, if it be not evil in itself, and in no
way impairs the rights of others." In Re Newman (1925), 71
C.A. 386, 235 P. 664.
"The
United States government is a foreign corporation with respect to
a state." In re Merriam, 36 N.E. 505, 141 N.Y. 479, affirmed
16 S.Ct. 1073, 163 U.S. 625, 41 L.Ed. 287; 20 C.J.S., Section
1785. Title 28, United States Code, Section 297 defines the
several States of the union as being "freely associated
compact states" in subsection (a), and then refers to these
freely associated compact states as being "countries"
in subsection(b). Did you know that the individual states were
considered to be foreign countries to the United States and to
each other?
In 1818, the
Supreme Court stated that "In the United States of America,
there are two (2) separated and distinct jurisdictions, such
being the jurisdiction of the states within their own state
boundaries, and the other being federal Jurisdiction (United
States), which is limited to the District of Columbia, the U.S.
Territories, and federal enclaves within the states, under
Article 1, Section 8, Clause 17." U.S. v. Bevans, 16 U.S. (3
WHEAT) 336 (1818), reaff. 19 U.S.C.A., section 1401
(h).
When Congress is
operating
in its
exclusive jurisdiction over the District of Columbia, the
Territories, and enclaves, it is important to remember that it
has full authority to enact legislation as private acts
pertaining to its boundaries, an(] it is not a state of the union
of States because it exists solely by virtue of the
compact/constitution that created it. The constitution does not
say that the District of Columbia must guarantee a Republican
form of Government to its own subject citizens within its
territories. (See Hepburn & Dundas v. Ellzey, 6 US.
445(1805); Glaeser v. Acacia Mut. Life Ass'n., 55 F. Supp.,
925 (1944); Long v. District of Columbia, 820 F.2d 409 (D.C. Cir.
1987); Americana of Puerto Rico, Inc. v. Kaplus, 368 F.2d 431
(1966), among others).
"The idea prevails with some -- indeed, it found
expression in arguments at the bar -- that we have in this
country substantially or practically two national governments;
one, to be maintained under the Constitution, with all its
restrictions; the other to be maintained by Congress outside and
independently of that instrument, by exercising such powers as
other nations of the earth are accustomed to
exercise." Downes v. Bidwell, 182 U.S. 244,
supra.
The Constitution provides limited powers to federal
government over the state Citizens. The federal government has
unlimited powers over federal citizens because it is acting
outside of the Constitution. Administrative laws are private acts
and are not applicable to state Citizens. The Internal Revenue
Code is administrative law.
"We are a republic. Real
liberty is never found in despotism or in the extremes of
democracy." - Alexander Hamilton.
The origin of the federal
citizen
So far I have not given any proof that the government
actually recognizes two distinct classes of citizens. I
win
give that
evidence now by describing the 13th and 14th Amendments.
In 1865, the 13th Amendment
abolished slavery and involuntary servitude except as punishment for a
crime. The Supreme Court ruled that the 13th
Amendment operated to free former slaves and prohibit slavery,
but it in no way conferred citizenship to the former slaves, or
to those of races other than white, because the founders of the
Constitution were all of the white race.
The federal
government did not have die authority to determine if former
slaves could become a Citizen of one of the several states
because the 9th and 10th Amendments said that powers not granted
specifically to the federal government by the Constitution are
reserved to the states or to the People. History shows that the
Pennsylvania Commonwealth and New York State were nationalizing
blacks as State Citizens. In other states blacks were not
Citizens and therefore did not have standing in any court. The
answer to this problem was the l4th Amendment.
The 14th
Amendment used the term "citizen of the United States."
The courts have ruled that THIS means federal citizenship which
is similar to a citizen of the District of Columbia. Since the
federal government didn't step in and tell Pennsylvania or
New York that it couldn't make State Citizens out of former
black slaves, an argument could be made that the 14th Amendment
was written primarily to afford [voluntary] citizenship to those
of the black race that were recently freed by the l3th
Amendment (Slaughter-House Cases, 16 Wall. 36, 71), and did
not include Indians and others NOT born in and subject to the
jurisdiction of the United States (McKay v. Cambell, 2 Sawy.
129), Thus, the Amendment recognized that "an individual can
be a Citizen of one of the several States without being a citizen
of the United States," (U.S. v. Anthony, 24 Fed. Cas. 829,
830), or, "a citizen of the United States without being a
Citizen of a State." (S laugh ter-House Cases, supra; cf.
U.S. v. Cruiksliank, 92 US 542, 549 (1875)).
To restate: In the Slaughter-House Cases, supra the
Court said: "It is quite clear, then, that there is a
citizenship of the United States and a citizenship of a state,
which are distinct from each other and which depend upon
different characteristics or circumstances of the individual....
Of the privileges and immunities of the citizens of the United
States and of the privileges and immunities of the citizen of the
state, and what they respectfully are, we will presently
consider; but we wish to state here that it is only the former
which are placed by this clause under the protection of the
Federal Constitution, and the latter, whatever they may be, are
not intended to have any additional protection by this paragraph
of the amendment."
The
court has also ruled that "The term United States is a
metaphor [a figure of speech]". Cunard S.S Co. V. Mellon,
262 US 100, 122; and that "The term 'United States'
may be used in one of several senses. It may be merely tire name
of a sovereign occupying the position analogous to that of
sovereign in a family of nations. It may designate territory over
which sovereignty of the United States extends, or it may be a
collective name of the states which are united by and under the
Constitution." Hooven & Allison Co. v. Evatt, 324 US
652, 672-73.
Did the Courts really say that someone could be a
Citizen of a State without being a citizen of the United States?
Yes, they did. It's true that the cases cited above are old,
some over 100 years old. None of these cases have ever been
overturned by a more recent decision, so they are valid.
A more
recent case is Crosse v. Bd. of Supervisors, 221 A.2d 431 (1966)
which says: "Both before and after the Fourteenth Amendment
to the federal Constitution, it has not been necessary for a
person to be a citizen of the United States in order to be a
citizen of his state." Citing U.S. v. Cruikshank,
supra.
The courts presume you to be a
federal citizen, without even telling you that there are
different classes of citizens. It is up to you dispute this.
"Unless the defendant can prove lie is not a citizen of the
United States, the IRS has the right to inquire and determine a
tax liability." U.S. v. Slater, 545 Fed. Supp. 179,182
(1982).
In 1866,
Congress passed the first civil rights act which only applied to
the District of Columbia and other federal territories. In 1868,
the 14th Amendment was proclaimed to be passed. At this point the
number of subjects that the federal government had exclusive
jurisdiction over increased to all of the former slaves that had
not become state Citizens.
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