Freedom from Government Official Website
Government is supposed to protect rights, not grant them.
I’m NOT a lawyer and nothing in this video is to be taken as legal advice. This is simply a reading of a lower court and Supreme Court cases regarding licensing those who choose to travel on the highways with their personal property.
Sources: Obama: https://www.youtube.com/watch?v=6imFv…
People v Horton: https://law.justia.com/cases/californ…
Supreme Court Cases: https://www.geniemusic.com/?w=1624
More cases: https://central-bailbonds.com/u-s-sup…
I am constantly getting the question: “I got arrested and now I have court in a week… what do I do???” Right away I want to say that the following strategy will NOT WORK for you if you have an actual victim or contractual obligation that require specific performance with government (like a driver’s licensing agreement or tax filings where you admit to being a “taxpayer”). With that being said…
The first step to avoiding Kangaroo Court is to challenge jurisdiction pre-arraignment, before any plea is entered (DO NOT ENTER PLEAS). You challenge jurisdiction by filing a Motion to Dismiss with Prejudice, WRITTEN SUBMISSION not oral arguments. You can file a Motion to Dismiss 30 seconds after you receive your ticket or release. You don’t need an arraignment date, or even a Judge’s name to proceed.
If you file a Motion to Dismiss PRE-ARRAIGNMENT, the Judge is estopped from entering a plea on your behalf. (Estopped = prevented, precluded)
She/He MUST ANSWER your Motion, yea or nay before any further court business may proceed. If the Motion is denied, you simply file a 2nd, then a 3rd. Eventually they will screw up and break the law. Usually they will do this by ignoring your Motion and attempting to reset, schedule another arraignment, which is what you want.
A judge has 10 days (generally) to rule on your Motion. The DA also has that same 10 day window to file a Motion to Strike YOUR Motion.
Silence is not an option.
They MUST respond or be in default.
Motion to Dismiss, Motion to Strike = Demurrer where not allowed.
In criminal cases, such as felonies…unlike traffic tickets there WILL be an Affidavit, and a sworn complaint. The key to beating criminal cases is to prove official or juducial misconduct. A LEO lying on an Criminal Affidavit is a get out of jail free card for you, and a possible criminal indictment for him.
The biggest problem and missing link for anarchists, sovereigns, and people who wish to be free is ENFORCEMENT. Everybody knows somebody who did something once or twice, and everybody has a strategy or theory.
The key is enforcing the laws, disciplinary actions that are already on the books. The Constitution and every state Constitution has procedures in place RIGHT NOW to end the trickery.
Anarchists don’t believe it and sovereigns are hit and miss.
In your past case or even a new one, any case:
It all starts with the arraignment. If you file a Demurrer (California)/Motion to Dismiss (other states) based on lack of personal and subject-matter jurisdiction, they CANNOT PROCEED.
They cannot enter a plea on your behalf.
They cannot schedule a trial date.
They cannot RE-SCHEDULE an arraignment.
The Demurrer/Motion to Dismiss cannot be ignored.
The Judge MUST rule on the Demurrer/Motion to Dismiss before any other business proceeds. The district attorney (prosecutor) has the OPTION to challenge your Demurrer but doesn’t have to. The deadline is 10 days in most jurisdictions.
If the Judge doesn’t respond he is in default. If the prosecuor responds AFTER 10 days HE is in default.
You can then file a Writ with the Chief Clerk of that court or a higher court to dismiss the case entirely on procedural grounds violations.
You then file criminal affidavits with the State Attorney General. Find the affidavits associated with the arrests and find the provable lies in them. Affidavits are sworn under penalty of perjury. You lie, you go to prison. At a bare minimum, the case based on the false testimony will be thrown out and overturned. Think about death row inmates, life sentences are overturned everyday due to false testimony.
Once you open a criminal perjury case against the law enforcement officers, district attorney, judges, etc. the investigation becomes a matter of public record. The state attorney general IS NOT going to risk prison, destroying his life family political ambitions to protect a few dumb cops. And if he does, even better.
Whether the investigation leads to arrests and indictments is irrelevant. You have used the state attorney general as your own private investigator, for free. File a Freedom of Information Act request, Open Records Act request for ALL documentation. Then take that documentation to a lawyer for your civil suit.
That’s how you sue. Get the State AG to do your work for free, first.
JUDGES DO NOT discipline LAW ENFORCEMENT.
Only the Executive Branch can DIRECTLY discipline, investigate the Executive Branch. Supervisors investigate and discipline their subordinates, yes? That is the State Attorney general’s role. So always remember to be making a record of everything and build your own case. You need to take pictures of ALL paperwork, letters given to you. The small details make a big difference.
If you have been a victim of official misconduct you have an open and shut case in your favor. You also have a personal civil claim against the “citizen arrestor”. You can also drop common law liens on him as well. Each State has it’s own rules, but since it will always be someone acting under the Color of Law it can go directly to the federal courts. In an abuse of power claim, you won’t win by saying they violated your Rights, but if you make the claim they overstepped their authority and that in effect denied your Rights and caused you damages they allow it. The Civil Rights claim should never be the main claim but the effect of their unlawful actions causing you harm in that it violated Rights.
File a criminal affidavit alleging perjury with the State Attorney general and State police as soon as you can. If a cop offers false testimony in an affidavit or trial there is a process for that too. And, if you don’t know or don’t follow the process, that’s on you. It could be the Mayor or Chief of Police… it really doesn’t matter who it is.
The three branches of government are duplicated at every level.
Executive
Legislative
Judicial
I would advise people to avoid ALL civil rights claims. Why? Because the 14th Amendment is unconstitutional. So is the Civil Rights Act of 1964. Can you use their own unconstitutional laws against them? Sure! States Rights. The Supremacy Clause. But you are arguing against the Constitution when you argue civil rights violation. You don’t need the feds. Your state Constitution, legislature, Supreme Court, and State Attorney General is enough.
Use your state branches of government AGAINST EACH OTHER.
Use the State Attorney General and State Police against local law enforcement, district attorneys, Mayors, City Council and County Commissioners, and County Sheriffs. If the Governor and State Attorney General disobey? Use the State Legislature to investigate, and then IMPEACH them. You can also use the State Supreme Court and District Courts to seek injunctions (restraining orders) and Writs of Mandamus. You can always THREATEN them with THEIR laws and policies, but those policies are not there to protect US, obviously. I have determined that I will never seek protection under any code or policy, not even the Constitution.
Those are THEIR restraints, their rules, not mine.
Show me evidence of YOUR authority, I make no claims.
Stay out of court, do not make physical appearances. You want EVERYTHING IN WRITING.
Submit your interrogatories in writing. Do not get stuck in a physical cross-examination. They will lie. The Judge will sustain their objections and overrule yours. There may or may not be a record.
When you file your Motions (Objections), Interrogatories (Examinations), Requests for Discovery, Subpoenas Duces Tecum,
all IN WRITING, they can’t bully you or run game. They MUST RESPOND in writing, under penalty of perjury automatically. And they won’t ever want to do that. They will remain silent and risk losing the case by default rather than risk going to prison by making false statements. Get their response in writing, under penalty of perjury. If you don’t direct your objections, complaints, allegations PROPERLY, you will just get the runaround and become one of those who swear “nothing works, nothing matters”.
You do not pay traffic tickets at the Post Office, correct?
Do you get heart surgery at the dentist’s office?
It doesn’t matter what the initial charge is, honestly (unless you ARE guilty of a common law crime…murder, assault,
theft). ALWAYS file a Motion to Dismiss with Prejudice the entire claim and a Motion to Strike any paperwork filed by others. Like the district attorney, or Plaintiff/Defendant in Civil suit.
EVERY AFFIDAVIT THEY WRITE IS A LIE! If there is no victim YOU ARE LYING!
No victim + No contract to perform = LIE
There’s only one answer/solution to the entire problem.
STOP
GOING
TO
COURT
From now on, all correspondence and Motions are to be submitted in WRITING. This FORCES them to respond in writing, on the record, with PROOF of their trickery. We have all been bamboozled by movies and television. You can fight an entire case and never have to set foot in court. Men on Death Row in Federal prison do it every day.
Every word uttered in a court room is entered IN WRITING FIRST. The only problem is, you never see those documents because your lawyer doesn’t show you or give you his filings. We absolutely have to learn how to file ALL our own paperwork and ALL disciplinary paperwork — Writs of Mandamus, Writs of Praecipe (order to dismiss sent to Court Clerk…yes CLERKS have the power to dismiss cases).
Let’s talk about handling your upcoming case.
It is quite easy to challenge jurisdiction without “challenging jurisdiction” by making them prove it with declarations because a “challenge” is equal to dishonor. When I use the term “challenge”, it is just because that is the legal term, and what people are familiar with. Properly done, you are asserting/declaring facts for them to rebut. Nothing more.
You can possibly use demurrers or motions as well but they need to specifically challenge the presumption of jurisdiction and NOT argue statutory law or some other nonsense.
No victim + No contract to perform = No jurisdiction. Three things to remember.
If there is a victim, that gives Personal jurisdiction.
If there is a contract to perform, that gives Subject-matter jurisdiction
It’s really just that simple.
Folks try to spin it 1,000 different ways, throw in legal mumbo jumbo, Latin phrases, the Constitution… and they are just walking into the spider web.
If you don’t have a victim or a contract, you don’t have a case. Leave all the extra crap out of it with these criminals and STAY ON MESSAGE. They are only playing with you because you are playing with them. So stop playing, start prosecuting non-performance.
When you file a motion to dismiss with prejudice they are stuck. There is literally nothing they can do except keep screwing up and digging a bigger hole for any appeal to a higher court.
They will keep resetting “arraignments” and ignoring your paperwork. I once went to arraignments 4 times in Clatsop county before they were able to get a good transcript, and the only reason why they were successful is because I was strapped to a chair in a little room in the jail “appearing” by video in the courtroom. Yes, I failed but at the time I didn’t knew to never argue, never go to court, and never make oral motions or arguments or enter pleas. And when an involuntary plea is entered send a Declaration of Non-Consent to the court clerk.
The hardest part of all this is to KEEP IT SIMPLE and to the point. Leave out the extra stuff, emotional outbursts, disputable claims like; “I am Sovereign”, “my birth certificate is money”. You do not even need to cite points and authorities.
Again, let’s all make sure we understand what “Personal” and “Subject-Matter” Jurisdiction is.
Personal Jurisdiction means that they have a claim on your PERSON, because you harmed or injured another PERSON.
That’s what extradition treaties are for. To bring your PERSON BACK to the scene of the crime.
Examples of courts with Subject-Matter Jurisdiction:
Tax Court
Vaccine Court
Bankruptcy Court
Traffic Court
These are all subject-matter jurisdiction venues because there is presumed to be a contract in place. They are specific issues, usually related to some sort of contract or business (commercial, UCC) dispute.
So, victims or contracts… that’s 99.99999999999% of it.
Two simple things. Not 30,000.
The governments try to say, “well we have PERSONAL jurisdiction over our citizens…you live here, you play by our rules” which is pure lies. So next time ASK “if you believe that to be true Mr. district attorney, prove it. Show me proof of “citizenship” and the laws that govern citizens.”
CODE is not LAW.
That’s why they are called a Transportation CODE, or a Municipal CODE, or a Tax CODE, or a Uniform CODE for Military Justice. Where is the contract where I agreed to your Code and citizenship and knowingly waived my Natural Rights? Show me the evidence and I will be happy to obey. Get the ideas of right and wrong out of your head and think objectively. How many people can afford to take off work, school and go to court even once a week? The answer is no one can afford that.
Going to court plays right into their hands and impoverishes YOU. Eventually you lose your job, run out of time, money, and energy. In addition to the possibility of saying or doing the wrong thing, being goaded into losing your temper and there you go… a free place to stay for a while for contempt. Not to mention possible getting your butt kicked, tazed, or even possibly murdered. Never put your physical person, body, or being in jeopardy unless you are CERTAIN of what you are doing and the
outcome.
There are people out there that are skilled and fearless in making physical court appearances. They are secure in their knowledge and won’t screw it up and say the wrong thing. This is NOT the average person. I do recommend going to court to watch how they operate though. Know your enemy. Some administrators (usually called judges) are looking for reasons to help folks and some are looking for reasons to roast folks. If you go in there guns hot and popping off to one that intended to get you out of there and off their books, then you’re done. Conversely, if you go in without putting them on notice from the get go, you are not going to have a good time. The only common denominators with folks winning, despite whatever strategy they use, is having no fear and the right psychology. Think of it as a game of poker, you have the winning hand and the river has already been turned. The most important thing is to comprehend YOUR OWN STATUS AND AUTHORITY. You’ve already won unless you concede (and if you do it right).
All will continue to lose and miss money until you learn to handle these people ADMINISTRATIVELY.
What does that mean?
Paperwork. Drafted properly, submitted to the correct venue and ENFORCED with THEIR own rules, and skip the Points and Authorities… when you are challenging the presumption of jurisdiction BEFORE arraignment or trial you don’t need them.
Information and Belief
“Language used in legal proceedings to qualify a statement and prevent a claim of perjury. A person…”
https://www.law.cornell.edu/wex/information_and_belief
Information and Belief is similar to an affidavit but not subject to perjury charges if you are proven
wrong. Here is an example:
a) To the best of my knowledge I am not and have never been contracted with the State of California or the city of
Anaheim. The absence of documentary evidence proving a contractual relationship would indicate a lack of both personal
and subject-matter jurisdiction.
b) On the day/night in question I did not commit a common law crime, or damage any person or property. The absence of a
sworn affidavit, verifiable complaint, or forensic evidence proving I did commit a common law crime or am responsible
for damages, would indicate lack of both personal and subject-matter jurisdiction.
a) equals no contracts
b) equals no victims
You are challenging the presumption of both personal and subject-matter jurisdiction. Criminal and Civil and anything
else they are claiming. And now the ball is in their court to refute, rebut your information/affidavit.
If they don’t and try to ignore you, they have lost by default. Now you just have to ENFORCE their default. To Enforce the default. You can perhaps use a notice of default, or summary judgement, but more importantly, EVERY government employee has supervisors, including judges. Climb the ladder.
That’s what I mean by enforcement and I’m not talking about a court of appeals.
1. Use the judicial misconduct procedures.
2. File a Writ of Mandamus in a higher court — district or circuit or Supreme to get the guy at the bottom to do
his job.
If you went to a burger joint and ordered a Big Mac and the drive thru gives you a fish combo, what do you do? Do you circle the drive thru 100 more times, complaining with each new fish sandwich or empty bag? Or do you get management involved?
What do you do if YOU are the OWNER?
There’s a multitude of bad things that can happen to a Judge who doesn’t do her/his job and we were not taught to make these bad things come to life. So how exactly do you climb that ladder? So how exactly would you climb the chain of command in court? These are excellent questions, and one of the biggest pieces to this puzzle. People get frustrated or lose because they don’t know the chain of command. ALMOST every court should have a Chief Justice and several clerks of which one is the Chief Clerk, and all lower courts are modeled after the national court structure — the Supreme Court and District courts.
YOU don’t get to decide some arbitrary response date. The Judicial Branch is governed by municipal code, “local rules” for counties and cities and California Rules of Procedure for all others. Most of which defer to the Federal Rules of Procedure
ALL of which outline the disciplinary actions that may be taken against wayward gov officials, and/or jurists.
Go after their employee fidelity bonds (more about that to come).
And in case you were wondering, a judge can’t “quash” an affidavit or other filing unless you ALLOW him to. If they attempt to, a Notice of Default in Dishonor should be in order. Nobody can “quash” an affidavit. They either rebut or acquiesce. Period.
If they claim to have “quashed” your filing, that is just a way to them telling you that they have ignored it. Don’t allow them to skate. This is also why I don’t recommend going into courtrooms, because they are skilled professionals and are very good at deceiving people. You might say: “So you are refusing to address my affidavit? My affidavit stands as fact unless you wish to rebut. Your willfull non-response will be administrative default… Do you understand that I never gave you power of attorney so you don’t have the authority to do anything but dismiss now?”
Another really good question is: “Are you a member of the BAR?”
They will tell you that “If your not going to enter a plea, then I will enter one for you.” Which in reality is practicing law
from the bench and is both a felony and a crime that they do not have immunity from prosecution of, and you have to be the one to hold them accountable. They will usually just put it off for another hearing to try again.
If this happens, you enter in a notice of fault, in dishonor with opportunity to cure. Get it notarized, and give them one week before the next hearing to respond or dismiss/discharge, and also send copies to your state attorney general and state commissioner. You could give them 100 days and they still couldn’t respond to what you send them send under their full commercial liability. Any affidavit that goes unrebutted stands as fact. I can say I’m a pink elephant… And if they don’t respond then I am lawfully a pink elephant. If you are looking for the response time for Judges, DAs, prosecutors to respond/answer to Motions to Dismiss or Demurrers, typically the Plaintiff (prosecutor) has 10 days to respond to ANYTHING you file…with the Judge having “discretion” as to his response, or ruling.
In a physical appearance the Judge can answer immediately, possibly ignore you, adjourn the hearing proceeding until he
has had time to research the issue raised and THEN answer. That’s what is not happening in most cases of sovereigns, freemen, and Constitutionalists cases. That’s where the abuse of judicial discretion charge comes in. Go to the top – State Attorney General, State Commissioner. File a Notice of Default in dishonor with an opportunity to cure, notarized and sent to the prosecutor. And if they don’t respond, you file a civil suit.
“Some people view the abuse of discretion standard as a judicial rubber stamp. (Cf. Wilson v. Volkswagen of America (4th Cir. 1977) 561 F.2d 494, 505-506.) It has often been said that a court acts within its discretion whenever there is an “absence of arbitrary determination, capricious disposition or whimsical thinking.” (People v. Preyer (1985) 164 Cal.App.3d 568, 573.) As long as the court acts within the “bounds of reason” (ibid.), the court does not abuse its discretion.
The abuse of discretion standard, however, is not an abstract test based on whether the trial court judge was totally irrational. Instead, the court discretion is grounded in the policy and purpose of the statutes or laws being applied. “[T]rial court discretion is not unlimited. ‛The discretion of a trial judge is not a whimsical, uncontrolled power, but a legal discretion, which is subject to the limitations of legal principles governing the subject of it’s action, and to reversal on appeal where no reasonable basis for the action is shown. [Citation.]’ (6 Witkin (2d ed. 1971) Appeal, § 244, p. 4235 . . .)” (Westside Community for Independent Living v. Obledo (1983) 33 Cal.3d 348, 355.) “[J]udicial discretion must be measured against the general rules of law and, in the case of a statutory grant of discretion, against the specific law that grants the discretion. [Citations.]” (Horsford v. Board of Trustees of Cal. State Univ. (2005) 132 Cal.App.4th 359, 393-394.)” ~ http://www.sdap.org/news-10-10-08.html
Learn about the “Abuse of Discretion Standard”, and how to Argue it. Virtually every argument in an opening brief is deficient without setting forth the standard of review and explaining how there was error under the standard. It can be a little trickier if you have a potential criminal conviction and not just a traffic or municipal case, but the same basics apply. I know some of you are thinking, “why don’t they just give me the paperwork and shut up already?” You absolutely have to understand what has gone wrong to this point and what NOT TO DO going forward. The paperwork is secondary to know knowledge base. “Paperwork” without proper understanding is a one way ticket to jail or the poorhouse. When you really wrap your head around this basic concept, you won’t need the paperwork. You will be able to walk into any courtroom in America and successfully defend anyone sitting in there. Even felony criminal cases.
No matter what you have been led to believe, there is no such thing as magic bullets. It’s a dogfight, not a 15 round boxing match that ends in a decision. You go for the throat and don’t let go until they bleed out. I’m protective over my docs because of I give them to anyone and everyone, and they lose, guess who’s “fault” it is… Oh he’s a witchdoctor. He doesn’t know what he is talking about… he got me thrown in jail. No. YOU did. YOU either screwed it up or didn’t follow through or didn’t enforce it. I take pride in the years worth of the fruits of my blood sweat and tears.
I’m willing to go in a cage because I’m free regardless… And that scares the pants off of these fraudulent peon servants. They see it. They feel it. I speak with authority whether it’s with my filings or speak it with a smile into their beady little eyes. This information will not “free” you. “Being” free is up to YOU.
File a a “false imprisonment” criminal affidavit and a civil suit if you have been wronged, the precedent for the going rate is $1.8m per day, in case you didn’t know. And alays keep it simple. Did they have a warrant? Did they contact the Department of State who then contacted you? For any felony complaint, they also have to testify to the US District court you’re a corporation also known as a “person” before hand too. If they restricted your movement AT ALL, then you have a winner. Leave out all the nonsense.
First things first, you need to challenge jurisdiction with a Demurrer, or Motion to Dismiss before anything else. This CAN be done electronically or certified mail, or hand delivered. So as you’ve seen here and a zillion other places, it doesn’t matter WHAT you file if the Judge ignores or denies your paperwork and you don’t have the proper response.
If you are physically present in the courtroom, they can ignore your paperwork, jam you up and just railroad you. So, deny all verbal motions, all questions, all oral arguments. If you appear ON PAPER ONLY, with your response (Demurrer), obviously the court, district attorney can’t respond verbally. This means they have to do so in writing. Which puts their careers in jeopardy if they lie, ignore, or violate your right to due process (which includes all the proper procedures).
So you file your demure challenge on time and properly. Then just sit back and wait for a reply? When there is no reply and the next scheduled court date arrives. What then? You file it again, this time with the additional due process and judicial discretion violations. You can also file to recuse, Writ of Mandamus to compel the judge to obey the law, Writ of Praecipe to
compel the court clerk to dismiss on procedural grounds.
File your paperwork on the day of court. It is not wise to give your adversary advance warning of your plans. This is the entire point of the “stay out of court”. Some will say, “what if he issues a warrant?” A judge who issues a warrant on a defendant who PROPERLY responded and “appeared” in court to challenge jurisdiction has perjured himself and committed a felony.
It’s just that simple.
You should be ecstatic for a judge to issue a warrant if you file a Demurrer. That’s an instant cause for dismissal and multi-million dollar lawsuit. You have absolutely nothing to lose by making a Special Appearance on paper ONLY. Whether speeding, red light, seat belt or even DUI, the blueprint is the same. The Demurrer (Cali, Texas other common law states) or Motion to dismiss is an OBJECTION. You are NOT arguing case law, historical precedents, the constitutionality of statutes. You are simply stating, “This does not apply to me or the circumstances of this alleged claim. That’s it. Can you include all that other crap? Absolutely, but don’t be like most and lose focus. The focus is YOU and YOUR status
So what would be the basis of your Demurrer/Motion to Dismiss with prejudice? The basis is your Affidavit or Information and Belief. We should all be familiar with an affidavit. An Information and Belief is EXACTLY THE SAME (minus the jurat aka penalty of perjury).
There are only 2 things to deny in your affidavit or Info & Belief
(a) I am NOT contracted with the State of California or any political subdivision therein
(b) I did NOT commit any common law crime, harm any person, or commit property damage on the day/night/time in
question.
That’s it.
A and B are both denials of personal AND subject-matter jurisdiction.
Once submitted, they can’t be ignored and MUST BE REBUTTED with physical victims, documentary evidence (contracts,
surveillance footage, etc.) or a WRITTEN REBUTTAL from the Plaintiff (State) itself. No district attorney is going to testify that you committed a crime under penalty of perjury. They are ALWAYS under oath anyway….simply not going to risk it.
This is a sample, rough, not to be used in any other case or jurisdiction. But it will give you a feel for what your
affidavit or Info & Belief should look like. See sample here.
Some very interesting suppressed information is within this post. God never meant for us to put needles in our bodies. When vaccinations first were introduced the rate of diabetes skyrocketed 1800%! The chances of getting smallpox after receiving the vaccination is one in ten, but the odds of someone coming down with smallpox without ever being vaccinated is one in four-thousand!
Please find the free .PDF below that contains suppressed facts about vaccinations.
“Colorable” means “That which is in appearance only, and not in reality, what it purports to be, hence counterfeit feigned, having the appearance of truth.” Windle v. Flinn, 196 Or. 654, 251 P.2d 136, 146.
“Color” means “An appearance, semblance, or simulacrum, as distinguished from that which is real. A prima facia or apparent right. Hence, a deceptive appearance, a plausible, assumed exterior, concealing a lack of reality; a disguise or pretext. See also colorable.” Black’s Law Dictionary, 5th Edition, on page 240.
“Colorable” means “That which is in appearance only, and not in reality, what it purports to be, hence counterfeit feigned, having the appearance of truth.” Windle v. Flinn, 196 Or. 654, 251 P.2d 136, 146.
“Color of Law” means “The appearance or semblance, without the substance, of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state is action taken under ‘color of law.'” Atkins v. Lanning. D.C.Okl., 415 F. Supp. 186, 188.
If something is “color of law” then it is NOT law, it only looks like law. If you go to the website for the Office of Law Revision Counsel, you will see that most of the titles of the United States Code are “prima facia evidence of the laws of the United States”.
“prima facia” means “At first sight; on the first appearance; on the face of it; so far as can be judged from the first disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary.” State ex rel. Herbert v. Whims, 68 Ohio App. 39, 38 N.E.2d 596, 599, 22 O.O. 110. Black’s Law Dictionary 5th Edition page 1071.
Prima facia and color of law both go hand in hand, because if a law is prima facia evidence of the laws of the United States, that means it is color of law, by definition. In other words the bureaucrat presumes that the law applies to you until you defeat their presumption.
If you read these prima facia, color of law statutes, you will find them using words like “person”. I will use the color of law Title 26 USC as a typical way that they do it.
26 USC 7701 (a) (1) Person. The term “person” shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
In the Internal Revenue code they say that a “person” has to pay taxes and obey their filing requirement etc., and most people think that they are such a “person”, so they do it, but there is a maxim of law that says something else.
Ejusdem Generis (eh-youse-dem generous) v adj. Latin for “of the same kind,” used to interpret loosely written statutes. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed. Example: if a law refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles, “vehicles” would not include airplanes, since the list was of land-based transportation.
Pursuant to the Maxim of Law ejusdem generis the word “individual” is another type of fictitious entity because the rest of the entities are fictitious entities and in the rules of statutory construction, a definition must contain the same type of entities, or it is void for vagueness. Therefore, an “individual” and a “person” are different names for a corporation.
Title 15 USC Section 44 even provides for an “unincorporated corporation”.
When you do what a color of law statute says, you are deemed to have agreed to the terms of the contract, and ignorance of the law is not an excuse.
This is consistent with what the Courts are saying, a “Person” is:
a) “a variety of entities other than human beings.” Church of Scientology v U.S. Department of Justice, 612 F2d 417 (1979) at pg 418
b) ”…foreigners, not citizens….” United States v Otherson, 480 F. Supp. 1369 (1979) at pg 1373.
c) the words “person” and “whoever” include corporations, companies, associations, firms, partnerships, societies, and joint stock companies…Title 1 U.S.C. Chapter 1 – Rules of Construction, Section 1
A sovereign is not a “person” in a legal sense and as far as a statute is concerned;
a) ” ‘in common usage, the term ‘person’ does not include the sovereign, [and] statutes employing the [word] are normally construed to exclude it.’ Wilson v Omaha Tribe, 442 US653 667, 61 L Ed 2d 153, 99 S Ct 2529 (1979) (quoting United States v Cooper Corp. 312 US 600, 604, 85 L Ed 1071, 61 S Ct 742 (1941). See also United States v Mine Workers, 330 US 258, 275, 91 L Ed 884, 67 S Ct 677 (1947)” Will v Michigan State Police, 491 US 58, 105 L. Ed. 2d 45, 109 S.Ct. 2304
b) “a sovereign is not a person in a legal sense” In re Fox, 52 N. Y. 535, 11 Am. Rep. 751; U.S. v. Fox, 94 U.S. 315, 24 L. Ed. 192
All of this is consistent with the Fourteenth Amendment because the Fourteenth Amendment talks about a “person” being a US citizen, and both of them are corporations.
Other terminologies which mean the same thing are “pretend legislation” and then it would also follow that offenses under “pretend legislation” would also be “pretend offenses”. These terminologies are found in the Declaration of Independence(1776).
For any statute to be legimate, there are certain requirements. For example, it has to have a preamble, it has to be approved by both the House of Representatives and the Senate, and signed by the President, and there are other requirements as well. The lack of any of these would make it color of law. Remember, “color of law” means it does NOT have authority, therefore, you have to agree with it, – it is a contract. That is why it is “prima facia”, which means it is “at first look”. In other words, at first look the courts presume that the statute affects you but if you can show that you didn’t agree to it in some way, then you are free to go.
Because the US Congress perjurers did their Foreign Sovereign Immunity Act, and also because state citizens are foreign to the United States, most people think that they have to go through a lot to prove that they did not agree to one of these so-called contracts, but the opposite is true.
Color of Law, and Prima Facia, and presumption are all associated with Admiralty Maritime Law courts.
Still don’t believe that the courts view these colorable codes, rules and regulations as a contract?
“The rights of the individuals are restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government.”
City of Dallas v Mitchell, 245 S.W. 944
TITLE 18, U.S.C., SECTION 242
DEPRIVATION OF RIGHTS UNDER COLOR OF LAW
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.
Acts under “color of any law” include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under “color of any law,” the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.
Title 42, U.S.C., Section 14141
Pattern and Practice
Title 42, U.S.C., Section 14141: makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. This law is commonly referred to as the Police Misconduct Statute. This law gives DOJ the authority to seek civil remedies in cases where it is determined that law enforcement agencies have policies or practices which foster a pattern of misconduct by employees. This action is directed against an agency, not against individual officers. The types of issues which may initiate a Pattern and Practice investigation include:
1. Lack of supervision/monitoring of officers’ actions.
2. Officers not providing justification or reporting incidents involving the use of force.
3. Lack of, or improper training of officers.
4. A department having a citizen complaint process which treats complainants as adversaries.
Whenever the Attorney General has reasonable cause to believe that a violation has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice.
Types of misconduct covered include, among other things:
1. Excessive Force
2. Discriminatory Harassment
3. False Arrest
4. Coercive Sexual Conduct
5. Unlawful Stops, Searches, or Arrests
Title 18, U.S.C., Section 241
Conspiracy Against Rights
This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).
It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.
Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.
It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. “Color of law” simply means that the person doing the act is using power given to him or her by a governmental agency (local, state or federal). Criminal acts under color of law include acts not only done by local, state, or federal officials within the bounds or limits of their lawful authority, but also acts done beyond the bounds of their lawful authority. Off-duty conduct may also be covered under color of law, if the perpetrator asserted their official status in some manner. Color of law may include public officials who are not law enforcement officers, for example, judges and prosecutors, as well as, in some circumstances, non governmental employees who are asserting state authority, such as private security guards. While the federal authority to investigate color of law type violations extends to any official acting under “color of law”, the vast majority of the allegations are against the law enforcement community. The average number of all federal civil rights cases initiated by the FBI from 1997 -2000 was 3513. Of those cases initiated, about 73% were allegations of color of law violations. Within the color of law allegations, about 82% were allegations of abuse of force with violence (59% of the total number of civil rights cases initiated).
Investigative Areas
Most of the FBI’s color of law investigations would fall into five broad areas:
1. excessive force;
2. sexual assaults;
3. false arrest/fabrication of evidence;
4. deprivation of property; and
5. failure to keep from harm.
In making arrests, maintaining order, and defending life, law enforcement officers are allowed to utilize whatever force is “reasonably” necessary. The breath and scope of the use of force is vast. The spectrum begins with the physical presence of the official through the utilization of deadly force. While some types of force used by law enforcement may be violent by their very nature, they may be considered “reasonable,” based upon the circumstances. However, violations of federal law occur where it can be shown that the force used was willfully “unreasonable” or “excessive” against individuals.
Sexual assaults by officials acting under “color of law” could happen in a variety of venues. They could occur in court scenarios, jails, and/or traffic stops to name just a few of the settings where an official might use their position of authority to coerce another individual into sexual compliance. The compliance is generally gained because of a threat of an official action against the other if they do not comply.
The Fourth Amendment of the United States Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using his authority provided under the “color of law” is allowed to stop individuals and even if necessary to search them and retain their property under certain circumstances. It is in the abuse of that discretionary power that a violation of a person’s civil rights might occur. An unlawful detention or an illegal confiscation of property would be examples of such an abuse of power.
An official would violate the color of law statute by fabricating evidence against or conducting a false arrest of an individual. That person’s rights of due process and unreasonable seizure have been violated. In the case of deprivation of property, the official would violate the color of law statute by unlawfully obtaining or maintaining the property of another. In that case, the official has overstepped or misapplied his authority.
The Fourteenth Amendment secures the right to due process and the Eighth Amendment also prohibits the use of cruel and unusual punishment. In an arrest or detention context, these rights would prohibit the use of force amounting to punishment (summary judgment). The idea being that a person accused of a crime is to be allowed the opportunity to have a trial and not be subjected to punishment without having been afforded the opportunity of the legal process.
The public entrusts its law enforcement officials with protecting the community. If it is shown that an official willfully failed to keep an individual from harm that official could be in violation of the color of law statute.
The Supreme Court has had to interpret the United States Constitution to construct law regulating the actions of those in the law enforcement community. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.
Acting under color of [state] law is misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law Thompson v. Zirkle, 2007 U.S. Dist. LEXIS 77654 (N.D. Ind. Oct. 17, 2007)
“The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it; an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed … An unconstitutional law is void.”
(16 Am. Jur. 2d, Sec. 178)
“An unconstitutional act is not law; it confers no rights; imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as it had never been passed.” Norton v. Shelby County.” 118 U.S. 425
“If the State converts a liberty into a privilege, the citizen can engage in the right with impunity.” Shuttlesworth v. Birmingham, 373 US 262
“No State legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.”
Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958).
“The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law.” Marbury v. Madison, 5 US 137
“No state shall convert a liberty into a privilege, license it, and attach a fee to it.” Murdock v. Penn., 319 US 105
“If the state converts a liberty into a privilege, the citizen can engage in the right with impunity.” Shuttlesworth v. Birmingham, 373 US 262
“Officers of the court have no immunity, when violating a Constitutional right, from liability. For they are deemed to know the law.” Owen v. Independence, 100 S.C.T. 1398, 445 US 622
“The court is to protect against any encroachment of Constitutionally secured liberties.” Boyd v. U.S., 116 U.S. 616
“State courts, like federal courts, have a “constitutional obligation” to safeguard personal liberties and to uphold federal law.” Stone v. Powell 428 US 465, 96 S. Ct. 3037, 49 L. Ed. 2d 1067.
“The obligation of state courts to give full effect to federal law is the same as that of federal courts.” New York v. Eno. 155 US 89, 15 S. Ct. 30, 39 L. Ed. 80.
“An administrative agency may not finally decide the limits of its statutory powers; this is a judicial function.” Social Security Board v. Nierotko. 327 US 358, 66 S. Ct. 637, 162 ALR 1445, 90 L. Ed. 719.
“State Police Power extends only to immediate threats to public safety, health, welfare, etc.,” Michigan v. Duke 266 US, 476 Led. At 449: which driving and speeding are not. California v. Farley Ced. Rpt. 89, 20 CA3d 1032 (1971):
“For a crime to exist, there must be an injured party (Corpus Delicti) There can be no sanction or penalty imposed on one because of this Constitutional right.” Sherer v. Cullen 481 F. 945:
“If any Tribunal (court) finds absence of proof of jurisdiction over a person and subject matter, the case must be dismissed.” Louisville v. Motley 2111 US 149, 29S. CT 42. “The Accuser Bears the Burden of Proof Beyond a Reasonable Doubt”.
Title 42 Penalties For Government Officers
The AUTHORITY FOR FINES (DAMAGES) CAUSED BY CRIMES BY GOVERNMENT OFFICERS.
These Damages were determined by GOVERNMENT itself for the violation listed.
Breach Penalty Authority
VIOLATION OF OATH OF OFFICE $250,000.00 18 USC 3571
DENIED PROPER WARRANT(S) $250,000.00 18 USC 3571
DENIED RIGHT OF REASONABLE
DEFENSE ARGUMENTS $250,000.00 18 USC 3571
DEFENSE EVIDENCE (RECORDS) $250,000.00 18 USC 357I
DENIED RIGHT TO TRUTH
IN EVIDENCE $250,000.00 18 USC 3571
SLAVERY (Forced Compliance
to contracts not held) $250,000.00 18 USC 3571
DENIED PROVISIONS IN THE
CONSTITUTION $250,000.00 18 USC 3571
TREASON (combined above actions). $250,000.00 18 USC 3571
GENOCIDE $1,000,000.00 18 USC 1091
MISPRISION OF FELONY $500.00 18 USC 4
CONSPIRACY $10,000.00 18 USC 241
EXTORTION $5,000.00 18 USC 872
MAIL THREATS $5,000.00 18 USC 876
FRAUD $10,000.00 18 USC 1001
FALSIFICATION OF DOCUMENTS $10,000.00 18 USC 1001
PERJURY $2,000.00 18 USC 1621
SUBORNATION OF PERJURY $2,000.00 18 USC 1622
GRAND THEFT (18 USC 2112) each $250,000.00
To determine multiply no. of counts by damage 18 USC 3571
RACKETEERING (Criminal) $25,000.00 18 USC 1963
RACKETEERING (Civil)
Wages Taken $x3 = 5? 18 USC 1964
(Sustained Damages [total] x 3)
Thirty-seven (37) Constitutional violations from Count 1: = $9,250,000.00 Damages Dealing with claims of “immunity.”
Any claim of ” immunity” is a fraud because, if valid, it would prevent removal from office for crimes against the people, which removal is authorized or even mandated under U.S. Constitution Article 2, Section IV; as well as 18 USC 241, 42 USC 1983, 1985, 1986, and other state Constitutions.
Precedents of Law established by COURT cases, which are in violation of law, render violations of law legally unassailable. Such a situation violates several specifically stated intents and purposes of the Constitution set forth in the Preamble; to establish justice, insure domestic tranquility, and secure the-blessings of liberty. This is for JUDGES, or anyone in any branch of government.
CORPUS DELICTI
“For a crime to exist, there must be an injured party (Corpus Delicti) There can be no sanction or penalty imposed on one because of this Constitutional right.” Sherer v. Cullen 481 F. 945:
Supreme courts ruled “Without Corpus delicti there can be no crime”“In every prosecution for crime it is necessary to establish the “corpus delecti”, i.e., the body or elements of the crime.” People v. Lopez, 62 Ca.Rptr. 47, 254 C.A.2d 185.
“In every criminal trial, the prosecution must prove the corpus delecti, or the body of the crime itself-i.e., the fact of injury, loss or harm, and the existence of a criminal agency as its cause. ” People v. Sapp, 73 P.3d 433, 467 (Cal. 2003) [quoting People v. Alvarez, (2002) 27 Cal.4th 1161, 1168-1169, 119 Cal.Rptr.2d 903, 46 P.3d 372.].
“As a general principal, standing to invoke the judicial process requires an actual justiciable controversy as to which the complainant has a real interest in the ultimate adjudication because he or she has either suffered or is about to suffer an injury. ” People v. Superior Court, 126 Cal.Rptr.2d 793.
“Without standing, there is no actual or justiciable controversy, and courts will not entertain such cases. (3 Witlen, Cal. Procedure (3rd ed. 1985) Actions § 44, pp 70-72.) “Typically, … the standing inquiry requires careful judicial examination of a complaint’s allegations to ascertain whether the particular plaintiff is entitled to an adjudication of the particular claims asserted. ” (Allen v. Wright, (1984) 468 U.S. 737, 752…Whether one has standing in a particular case generally revolved around the question whether that person has rights that may suffer some injury, actual or threatened. ” Clifford S. v. Superior Court, 45 Cal.Rptr.2d 333, 335.
SEVEN ELEMENTS OF JURISDICTION:
1. The accused must be properly identified, identified in such a fashion there is no room for mistaken identity. The individual must be singled out from all others; otherwise, anyone could be subject to arrest and trial without benefit of “wrong party” defense. Almost always, the means of identification is a person’s proper name, BUT ANY MEANS OF IDENTIFICATION IS EQUALLY VALID IF SAID MEANS DIFFERENTIATES THE ACCUSED WITHOUT DOUBT. (There is no constitutionally valid requirement you must identify yourself, see 4th Amendment; also see, Brown vs. Texas, 443 US 47 and Kolender v. Lawson 461 US 352.)
2. The statute of offense must be identified by its proper or common name. A number is insufficient. Today, a citizen may stand in jeopardy of criminal sanctions for alleged violation of statutes, regulations, or even low-level bureaucratic orders (example: colorado National Monument Superintendent’s Orders regarding an unleashed dog or a dog defecating on a trail). If a number were to be deemed sufficient, government could bring new and different charges at any time by alleging clerical error. For any act to be triable as an offense, it must be declared to be a crime. Charges must negate any exception forming part of the statutory definition of an offense, by affirmative non-applicability. In other words, any charge must affirmatively negate any exception found in the law.
3. The acts of alleged offense must be described in non-prejudicial language and detail so as to enable a person of average intelligence to understand nature of charge (to enable preparation of defense); the actual act or acts constituting the offense complained of. The charge must not be described by parroting the statute; not by the language of same. The naming of the acts of the offense describes a specific offense whereas the verbiage of a statute describes only a general class of offense. Facts must be stated. Conclusions cannot be considered in the determination of probable cause.
4. The accuser must be named. He/she may be an officer or a third party, but some positively identifiable person (human being) must accuse; some certain person must take responsibility for the making of the accusation, not an agency or an institution. This is the only valid means by which a citizen may begin to face his accuser. Also, the injured party (corpus delicti) must make the accusation. Hearsay evidence may not be provided. Anyone else testifying that they heard that another party was injured does not qualify as direct evidence.
5. The accusation must be made under penalty of perjury. If perjury cannot reach the accuser, there is no accusation. Otherwise, anyone may accuse another falsely without risk.
6. To comply with the five elements above, that is for the accusation to be valid, the accused must be accorded due process. Accuser must have complied with law, procedure and form in bringing the charge. This includes court-determined probable cause, summons and notice procedure. If lawful process may be abrogated in placing a citizen in jeopardy, then any means may be utilized to deprive a man of his freedom, and all dissent may be stifled by utilization of defective process.
“The essential elements of due process are notice and an opportunity to defend. “Simon v. Craft, 182 US 427.
“one is not entitled to protection unless he has reasonable cause to apprehend danger from a direct answer. The mere assertion of a privilege does not immunize him; the court must determine whether his refusal is justified, and may require that he is mistaken in his refusal. “Hoffman v. United States, 341 U.S. 479 (1951)
7. The court must be one of competent jurisdiction. To have valid process, the tribunal must be a creature of its constitution, in accord with the law of its creation, i.e., Article III judge.
Lacking any of the seven elements or portions thereof, (unless waived, intentionally or unintentionally) all designed to ensure against further prosecution (double jeopardy); it is the defendant’s duty to inform the court of facts alleged for determination of sufficiency to support conviction, should one be obtained. Otherwise, there is no lawful notice, and charge must be dismissed for failure to state an offense. Without lawful notice, there is no personal jurisdiction and all proceedings prior to filing of a proper trial document in compliance with the seven elements is void. A lawful act is always legal but many legal acts by government are often unlawful. Most bureaucrats lack elementary knowledge and incentive to comply with the mandates of constitutional due process. They will make mistakes. Numbers beyond count have been convicted without benefit of governmental adherence to these seven elements. Today, informations are being filed and prosecuted by “accepted practice” rather than due process of law.
Jurisdiction, once challenged, is to be proven, not by the court, but by the party attempting to assert jurisdiction. The burden of proof of jurisdiction lies with the asserter. The court is only to rule on the sufficiency of the proof tendered. See, “McNutt v. General Motors Acceptance Corp, 298 U.S. 178 (1936). The origins of this doctrine of law may be found in “MAXFIELD v. LEVY, 4 U.S. 330 (1797), 4 U.S. 330 (Dall.) 2 Dall. 381 2 U.S. 381 1 L.Ed. 424
NO VICTIM.. NO CRIME!!!!
There is no such crime as “resisting arrest” when the supposed arrest is unlawful. This is a fictitious crime dreamed up by law enforcement to accuse a citizen of a crime when they refuse to surrender to the illegal demands of the police.
U.S. courts have ruled on numerous occasions that resisting a false arrest is not merely a citizen’s right, but his duty! In fact, courts have gone so far as to rule that if a law enforcement officer is killed as a result of actions stemming from a citizen’s attempts to defend themselves against a false arrest, it is the fault of the officer, not the citizen.
Here’s a short collection of relevant court rulings on false arrest and resisting arrest:
“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.
“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).
“Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).
Do individuals have the right to come to the aid of another citizens being falsely arrested? You bet they do. As another court case ruled:
“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).
And on the issue of actually killing an arresting officer in self defense:
“Citizens may resist unlawful arrest to the point of taking an arresting officer’s life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529.
“The Official State Office Known As “PERSON”
This is the single most important lesson that you MUST learn. If you spend an hour to learn this material you will be rewarded for the rest of your life.
The word “person” in legal terminology is perceived as a general word which normally includes in its scope a variety of entities other than human beings. See e. g. 1 U. S. C. sec 1. Church of Scientology v. U. S. Dept. of Justice (1979) 612 F. 2d 417, 425.
One of the very first of your STATE statutes will have a section listed entitled “Definitions.” Carefully study this section of the statutes and you will find a portion that reads similar to this excerpt.
In construing these statutes and each and every word, phrase, or part hereof, where the context will permit:
(1) The singular includes the plural and vice versa.
(2) Gender-specific language includes the other gender and neuter.
(3) The word “person” includes individuals, children, firms, associations, joint adventures, partnerships, eSTATEs, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.
NOTE HOWEVER, THE DEFINITIONS STATUTE DOES NOT LIST MAN OR WOMAN — THEREFORE THEY ARE EXCLUDED FROM ALL THE STATUTES !!!
Under the rule of construction “expressio unius est exclusio alterius,” where a statute or Constitution enumerates the things on which it is to operate or forbids certain things, it is ordinarily to be construed as excluding from its operation all those not expressly mentioned.
Generally words in a statute should be given their plain and ordinary meaning. When a statute does not specifically define words, such words should be construed in their common or ordinary sense to the effect that the rules used in construing statutes are also applicable in the construction of the Constitution. It is a fundamental rule of statutory construction that words of common usage when used in a statute should be construed in their plain and ordinary sense.
If you carefully read the statute laws enacted by your STATE legislature you will also notice that they are all written with phrases similar to these five examples :
1. A person commits the offense of failure to carry a license if the person …
2. A person commits the offense of failure to register a vehicle if the person …
3. A person commits the offense of driving uninsured if the person …
4. A person commits the offense of fishing if the person …
5. A person commits the offense of breathing if the person …
Notice that only “persons” can commit these STATE legislature created crimes. A crime is by definition an offense committed against the “STATE.” If you commit an offense against a human, it is called a tort. Examples of torts would be any personal injury, slander, or defamation of character.
So how does someone become a “person” and subject to regulation by STATE statutes and laws?
There is only one way. Contract! You must ask the STATE for permission to volunteer to become a STATE person. You must volunteer because the U. S. Constitution forbids the STATE from compelling you into slavery. This is found in the 13th and 14th Amendments.
13th Amendment
Section 1. 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.
14th Amendment:
Section 1. 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. No STATE shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any STATE deprive any person of life, liberty, or property, without due process of law, nor deny any person within its jurisdiction the equal protection of the laws.
You become a STATE created statutory “person” by taking up residency with the STATE and stepping into the office of “person.” You must hold an “office” within the STATE government in order for that STATE government to regulate and control you. First comes the legislatively created office, then comes their control. If you do not have an office in STATE government, the legislature’s control over you would also be prohibited by the Declaration of Rights section, usually found to be either Section I or II, of the STATE Constitution.
The most common office held in a STATE is therefore the office known as “person.” Your STATE legislature created this office as a way to control people. It is an office most people occupy without even knowing that they are doing so.
The legislature cannot lawfully control you because you are a flesh and blood human being. God alone created you and by Right of Creation, He alone can control you. It is the nature of Law, that what One creates, One controls. This natural Law is the force that binds a creature to its creator. God created us and we are, therefore, subject to His Laws, whether or not we acknowledge Him as our Creator.
The way the STATE gets around God’s Law and thereby controls the People is by creating only an office, and not a real human. This office is titled as “person” and then the legislature claims that you are filling that office. Legislators erroneously now think that they can make laws that also control men. They create entire bodies of laws – motor vehicle code, building code, compulsory education laws, and so on ad nauseum. They still cannot control men or women, but they can now control the office they created. And look who is sitting in that office — YOU.
Then they create government departments to administer regulations to these offices. Within these administrative departments of STATE government are hundreds of other STATE created offices. There is everything from the office of janitor to the office of governor. But these administrative departments cannot function properly unless they have subjects to regulate.
The legislature obtains these subjects by creating an office that nobody even realizes to be an official STATE office.
They have created the office of “person.”
The STATE creates many other offices such as police officer, prosecutor, judge etc. and everyone understands this concept. However, what most people fail to recognize and understand is the most common STATE office of all, the office of “person.” Anyone filling one of these STATE offices is subject to regulation by their creator, the STATE legislature. Through the STATE created office of “person,” the STATE gains its authority to regulate, control and judge you, the real human. What they have done is apply the natural law principle, “what one creates, one controls.”
A look in Webster’s dictionary reveals the origin of the word “person.” It literally means “the mask an actor wears.”
The legislature creates the office of “person” which is a mask. They cannot create real people, only God can do that. But they can create the “office” of “person,” which is merely a mask, and then they persuade a flesh and blood human being to put on that mask by offering a fictitious privilege, such as a driver license. Now the legislature has gained complete control over both the mask and the actor behind the mask.
A resident is another STATE office holder.
All STATE residents hold an office in the STATE government.
But not everyone who is a resident also holds the office of “person.”
Some residents hold the office of judge and they are not persons.
Some residents hold the office of prosecutors and they are not persons.
Some residents hold the office of police office(rs) and they are not persons.
Some residents hold the office of legislators and they are not persons.
Some residents are administrators and bureaucrats and they also are not persons.
Some residents are attorneys and they also are not persons.
An attorney is a STATE officer of the court and is firmly part of the judicial branch. The attorneys will all tell you that they are “licensed” to practice law by the STATE Supreme Court. Therefore, it is unlawful for any attorney to hold any position or office outside of the judicial branch. There can be no attorney legislators – no attorney mayors – no attorneys as police – no attorneys as governor. Yes, I know it happens all the time, however, this practice of multiple office holding by attorneys is prohibited by the individual State and U.S. Constitutions and is a felony in most STATEs.
If you read farther into your STATE constitution you will find a clause stating this, the Separation of Powers, which will essentially read as follows:
Branches of government — The powers of the STATE government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.
Therefore, a police officer cannot arrest a prosecutor, a prosecutor cannot prosecute a sitting judge, a judge cannot order the legislature to perform and so on.
Because these “offices” are not persons, the STATE will not, and cannot prosecute them, therefore they enjoy almost complete protection by the STATE in the performance of their daily duties. This is why it is impossible to sue or file charges against most government employees. If their crimes should rise to the level where they “shock the community” and cause alarm in the people, then they will be terminated from STATE employment and lose their absolute protection. If you carefully pay attention to the news, you will notice that these government employees are always terminated from their office or STATE employment and then are they arrested, now as a common person, and charged for their crimes. Simply put, the STATE will not eat its own.
The reason all STATE residents hold an office is so the STATE can control everything. It wants to create every single office so that all areas of your life are under the complete control of the STATE. Each office has prescribed duties and responsibilities and all these offices are regulated and governed by the STATE. If you read the fine print when you apply for a STATE license or privilege you will see that you must sign a declaration that you are in fact a “resident” of that STATE.
“Person” is a subset of resident. Judge is a subset of resident. Legislator and police officer are subsets of resident. If you hold any office in the STATE, you are a resident and subject to all legislative decrees in the form of statutes.
They will always say that we are free men. But they will never tell you that the legislatively created offices that you are occupying are not free.
They will say, “All men are free,” because that is a true statement.
What they do not say is, that holding any STATE office binds free men into slavery for the STATE. They are ever ready to trick you into accepting the STATE office of “person,” and once you are filling that office, you cease to be free men. You become regulated creatures, called persons, totally created by the legislature. You will hear “free men” mentioned all the time, but you will never hear about “free persons.”
If you build your life in an office created by the legislature, it will be built on shifting sands. The office can be changed and manipulated at any time to conform to the whims of the legislature. When you hold the office of “person” created by the legislature, your office isn’t fixed. Your duties and responsibilities are ever changing. Each legislative session binds a “person” to ever more burdens and requirements in the form of more rules, laws and statutes.
Most STATE constitutions have a section that declares the fundamental power of the People:
Political power — All political power is inherent in the People. The enunciation herein of certain Rights shall not be construed to deny or impair others retained by the People.
Notice that this says “people” it does not say persons. This statement declares beyond any doubt that the People are Sovereign over their created government. This is natural law of creation and the natural flow of delegated power.
A Sovereign is a private, non-resident, non-domestic, non-person, non-individual, NOT SUBJECT to any real or imaginary statutory regulations or quasi laws enacted by any STATE legislature which was created by the People.
When you are pulled over by the police, roll down your window and say, “You are speaking to a Sovereign political power holder. I do not consent to you detaining me. Why are you detaining me against my will?”
Now the STATE office of policeman knows that “IT” is talking to a flesh and blood Sovereign. The police officer cannot cite a Sovereign because the STATE legislature can only regulate what they create. And the STATE does not create Sovereign political power holders. It is very important to lay the proper foundation, Right from the beginning. Let the police officer know that you are a Sovereign. Remain in your proper office of Sovereign political power holder. Do not leave it. Do not be persuaded by police pressure or tricks to put on the mask of a STATE “person.”
Why aren’t Sovereigns subject to the STATE’s charges? Because of the concept of office. The STATE is attempting to prosecute only a particular office known as “person.” If you are not in that STATE created office of “person,” the STATE statutes simply do not apply to you. This is common sense, for example, if you are not in the STATE of Texas, then Texas laws do not apply to you. For the STATE to control someone, they have to first create the office. Then they must coerce a warm-blooded creature to come fill that office. They want you to fill that office.
Here is the often expressed understanding from the United States Supreme Court, that “in common usage, the term “person” does not include the Sovereign, statutes employing the word person are ordinarily construed to exclude the Sovereign.” Wilson v. Omaha Tribe, 442 U. S. 653, 667 (1979) (quoting United States v. Cooper Corp., 312 U. S. 600, 604 (1941)). See also United States v. Mine Workers, 330 U. S. 258, 275 (1947).
The idea that the word “person” ordinarily excludes the Sovereign can also be traced to the “familiar principle that the King is not bound by any act of Parliament unless he be named therein by special and particular words.” Dollar Savings Bank v. United STATEs, 19 Wall. 227, 239 (1874).
As this passage suggests, however, this interpretive principle applies only to “the enacting Sovereign.” United States v. California, 297 U. S. 175, 186 (1936). See also Jefferson County Pharmaceutical Assn., Inc. v. Abbott Laboratories, 460 U. S. 150, 161, n. 21 (1983).
Furthermore, as explained in United States v. Herron, 20 Wall. 251, 255 (1874), even the principle as applied to the enacting Sovereign is not without limitations: “Where an act of Parliament is made for the public good, as for the advancement of religion and justice or to prevent injury and wrong, the king is bound by such act, though not particularly named therein; but where a statute is general, and thereby any prerogative, Right, title, or interest is divested or taken from the king, in such case the king is not bound, unless the statute is made to extend to him by express words.”
U. S. Supreme Court Justice Holmes explained:
“A Sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal Right as against the authority that makes the law on which the Right depends.” Kawananakoa v. Polyblank, 205 U. S. 349, 353, 27 S. Ct. 526, 527, 51 L. Ed. 834 (1907).
The majority of American STATEs fully embrace the Sovereign immunity theory as well as the federal government. See Restatement (Second) of Torts 895B, comment at 400 (1979).
The following U. S. Supreme Court case makes clear all these principals.
I shall have occasion incidentally to evince, how true it is, that STATEs and governments were made for man; and at the same time how true it is, that his creatures and servants have first deceived, next vilified, and at last oppressed their master and maker.
… A STATE, useful and valuable as the contrivance is, is the inferior contrivance of man; and from his native dignity derives all its acquired importance. …
Let a STATE be considered as subordinate to the people: But let everything else be subordinate to the STATE. The latter part of this position is equally necessary with the former. For in the practice, and even at length, in the science of politics there has very frequently been a strong current against the natural order of things, and an inconsiderate or an interested disposition to sacrifice the end to the means. As the STATE has claimed precedence of the people; so, in the same inverted course of things, the government has often claimed precedence of the STATE; and to this perversion in the second degree, many of the volumes of confusion concerning Sovereignty owe their existence. The ministers, dignified very properly by the appellation of the magistrates, have wished, and have succeeded in their wish, to be considered as the Sovereigns of the STATE. This second degree of perversion is confined to the old world, and begins to diminish even there: but the first degree is still too prevalent even in the several STATES, of which our union is composed. By a STATE I mean, a complete body of free persons united together for their common benefit, to enjoy peaceably what is their own, and to do justice to others. It is an artificial person. It has its affairs and its interests: It has its rules: It has its Rights: and it has its obligations. It may acquire property distinct from that of its members. It may incur debts to be discharged out of the public stock, not out of the private fortunes of individuals. It may be bound by contracts; and for damages arising from the breach of those contracts. In all our contemplations, however, concerning this feigned and artificial person, we should never forget, that, in truth and nature, those who think and speak and act, are men. Is the foregoing description of a STATE a true description? It will not be questioned, but it is. …. See Our Enemy The State
It will be sufficient to observe briefly, that the Sovereignties in Europe, and particularly in England, exist on feudal principles. That system considers the prince as the Sovereign, and the people as his subjects; it regards his person as the object of allegiance, and excludes the idea of his being on an equal footing with a subject, either in a court of justice or elsewhere. That system contemplates him as being the fountain of honor and authority; and from his grace and grant derives all franchise, immunities and privileges; it is easy to perceive that such a Sovereign could not be amenable to a court of justice, or subjected to judicial control and actual constraint. It was of necessity, therefore, that suability, became incompatible with such Sovereignty. Besides, the prince having all the executive powers, the judgment of the courts would, in fact, be only monitory, not mandatory to him, and a capacity to be advised, is a distinct thing from a capacity to be sued. The same feudal ideas run through all their jurisprudence, and constantly remind us of the distinction between the prince and the subject.
“No such ideas obtain here (speaking of America): at the revolution, the Sovereignty devolved on the people; and they are truly the Sovereigns of the country, but they are Sovereigns without subjects (unless the African slaves among us may be so called) and have none to govern but themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the Sovereignty.” Chisholm v. Georgia (February Term, 1793) 2 U. S. 419, 2 Dall. 419, 1 L. Ed 440.
There are many ways you can give up your Sovereign power and accept the role of “person.” One is by receiving STATE benefits. Another is by asking permission in the form of a license or permit from the STATE.
One of the subtlest ways of accepting the role of “person,” is to answer the questions of bureaucrats. When a STATE bureaucrat knocks on your door and wants to know why your children aren’t registered in school, or a police officer pulls you over and starts asking questions, you immediately fill the office of “person” if you start answering their questions.
It is for this reason that you should ignore or refuse to “answer” their questions and instead act like a true Sovereign, a King or Queen, and ask only your own questions of them.
You are not a “person” subject to their laws.
If they persist and haul you into their court unlawfully, your response to the judge is simple and direct, you the Sovereign, must tell him:
I have no need to answer you in this matter.
It is none of your business whether I understand my Rights or whether I understand your fictitious charges.
It is none of your business whether I want counsel.
The reason it is none of your business is because I am not a person regulated by the STATE. I do not hold any position or office where I am subject to the legislature. The STATE legislature does not dictate what I do.
I am a free Sovereign “Man”(or woman) and I am a political power holder as lawfully decreed in the STATE Constitution at article I (or II) and that constitution is controlling over you.
You must NEVER retain or hire an attorney, a STATE officer of the court, to speak or file written documents for you. Use an attorney (if you must) only for counsel and advice about their “legal” system. If you retain an attorney to represent you and speak in your place, you become “NON COMPOS MENTIS”, not mentally competent, and you are then considered a ward of the court. You LOSE all your Rights, and you will not be permitted to do anything herein.
The judge knows that as long as he remains in his office, he is backed by the awesome power of the STATE, its lawyers, police and prisons. The judge w ill try to force you to abandon your Sovereign sanctuary by threatening you with jail. No matter what happens, if you remain faithful to your Sovereignty, The judge and the STATE may not lawfully move against you.
The STATE did not create the office of Sovereign political power holder. Therefore, they do not regulate and control those in the office of Sovereign. They cannot ascribe penalties for breach of that particular office. The reason they have no authority over the office of the Sovereign is because they did not create it and the Sovereign people did not delegate to them any such power.
When challenged, simply remind them that they do not regulate any office of the Sovereign and that their statutes only apply to those STATE employees in legislative created offices.
This Sovereign individual paradigm is explained by the following U. S. Supreme Court case:
“The individual may stand upon his constitutional Rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no such duty [to submit his books and papers for an examination] to the STATE, since he receives nothing therefrom, beyond the protection of his life and property. His Rights are such as existed by the law of the land [Common Law] long antecedent to the organization of the STATE, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his Rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their Rights.” Hale v. Henkel, 201 U. S. 43 at 47 (1905).
Let us analyze this case. It says, “The individual may stand upon his constitutional Rights.” It does not say, “Sit on his Rights.” There is a principle here: “If you don’t use ’em you lose ’em.” You have to assert your Rights, demand them, “stand upon” them.
Next it says, “He is entitled to carry on his private business in his own way.” It says “private business” – you have a Right to operate a private business. Then it says “in his own way.” It doesn’t say “in the government’s way.”
Then it says, “His power to contract is unlimited.” As a Sovereign individual, your power to contract is unlimited. In common law there are certain criteria that determine the validity of contracts. They are not important here, except that any contract that would harm others or violate their Rights would be invalid. For example, a “contract” to kill someone is not a valid contract. Apart from this obvious qualification, your power to contract is unlimited.
Next it says, “He owes no such duty [to submit his books and papers for an examination] to the STATE, since he receives nothing therefrom, beyond the protection of his life and property.” The court case contrasted the duty of the corporation (an entity created by government permission – feudal paradigm) to the duty of the Sovereign individual. The Sovereign individual doesn’t need and didn’t receive permission from the government, hence has no duty to the government.
Then it says, “His Rights are such as existed by the law of the land [Common Law] long antecedent to the organization of the STATE.” This is very important. The Supreme Court recognized that humans have inherent Rights. The U. S. Constitution (including the Bill of Rights) does not grant us Rights. We have fundamental Rights, irrespective of what the Constitution says. The Constitution acknowledges some of our Rights. And Amendment IX STATEs, “The enumeration in the Constitution, of certain Rights, shall not be construed to deny or disparage others retained by the people.” The important point is that our Rights antecede (come before, are senior to) the organization of the STATE.
Next the Supreme Court says, “And [his Rights] can only be taken from him by due process of law, and in accordance with the Constitution.” Does it say the government can take away your Rights? No! Your Rights can only be taken away “by due process of law, and in accordance with the Constitution.” “Due process of law” involves procedures and safeguards such as trial by jury. “Trial By Jury” means, inter alia, the jury judges both law and fact.
Then the case says, “Among his Rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law.” These are some of the Rights of a Sovereign individual. Sovereign individuals need not report anything about themselves or their businesses to anyone.
Finally, the Supreme Court says, “He owes nothing to the public so long as he does not trespass upon their Rights.” The Sovereign individual does not have to pay taxes.
If you should discuss Hale v. Henkel with a run-of-the-mill attorney, he or she will tell you that the case is “old” and that it has been “overturned.” If you ask that attorney for a citation of the case or cases that overturned Hale v. Henkel, there will not be a meaningful response. We have researched Hale v. Henkel and here is what we found :
“We know that Hale v. Henkel was decided in 1905 in the U. S. Supreme Court.
Since it was the Supreme Court, the case is binding on all courts of the land, until another Supreme Court case says it isn’t. Has another Supreme Court case overturned Hale v. Henkel? The answer is NO. As a matter of fact, since 1905, the Supreme Court has cited Hale v. Henkel a total of 144 times. A fact more astounding is that since 1905, Hale v. Henkel has been cited by all of the federal and STATE appellate court systems a total of over 1600 times. None of the various issues of this case has ever been overruled.
So if the STATE through the office of the judge continues to threaten or does imprison you, they are trying to force you into the STATE created office of “person.” As long as you continue to claim your Rightful office of Sovereign, the STATE lacks all jurisdiction over you. The STATE needs someone filling the office of “person” in order to continue prosecuting a case in their courts.
A few weeks in jail puts intense pressure upon most “persons.” Jail means the loss of job opportunities, separation from loved ones, and the piling up of debts. Judges will apply this pressure when they attempt to arraign you. When brought in chains before a crowded courtroom the issue of counsel will quickly come up and you can tell the court you are In Propria Persona or simply “PRO PER”, as yourself and you need no other.
Do not sign their papers or cooperate with them because most things about your life are private and are not the STATE’s business to evaluate. Here is the Sovereign People’s command in the constitution that the STATE respect their privacy:
Right of privacy — Every man or woman has the Right to be let alone and free from governmental intrusion into their private life except as otherwise provided herein. This section shall not be construed to limit the public’s Right of access to public records and meetings as provided by law. See U.S. Constitution, Ninth Amendment
If the judge is stupid enough to actually follow through with his threats and send you to jail, you will soon be released without even being arraigned and all charges will be dropped. You will then have documented prima facie grounds for false arrest and false imprisonment charges against him personally.
If you read these prima facia, color of law statutes, you will find them using words like “person”. I will use the color of law Title 26 USC as a typical way that they do it.
26 USC 7701 (a) (1) Person. The term “person” shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
In the Internal Revenue code they say that a “person” has to pay taxes and obey their filing requirement etc., and most people think that they are such a “person”, so they do it, but there is a maxim of law that says something else.
Ejusdem Generis (eh-youse-dem generous) v adj. Latin for “of the same kind,” used to interpret loosely written statutes. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed. Example: if a law refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles, “vehicles” would not include airplanes, since the list was of land-based transportation.
Pursuant to the Maxim of Law ejusdem generis the word “individual” is another type of fictitious entity because the rest of the entities are fictitious entities and in the rules of statutory construction, a definition must contain the same type of entities, or it is void for vagueness. Therefore, an “individual” and a “person” are different names for a corporation.
Title 15 USC Section 44 even provides for an “unincorporated corporation”.
When you do what a color of law statute says, you are deemed to have agreed to the terms of the contract, and ignorance of the law is not an excuse.
This is consistent with what the Courts are saying, a “Person” is:
a) “a variety of entities other than human beings.” Church of Scientology v U.S. Department of Justice, 612 F2d 417 (1979) at pg 418
b) ”…foreigners, not citizens….” United States v Otherson, 480 F. Supp. 1369 (1979) at pg 1373.
c) the words “person” and “whoever” include corporations, companies, associations, firms, partnerships, societies, and joint stock companies…Title 1 U.S.C. Chapter 1 – Rules of Construction, Section 1
A sovereign is not a “person” in a legal sense and as far as a statute is concerned;
a) ” ‘in common usage, the term ‘person’ does not include the sovereign, [and] statutes employing the [word] are normally construed to exclude it.’ Wilson v Omaha Tribe, 442 US653 667, 61 L Ed 2d 153, 99 S Ct 2529 (1979) (quoting United States v Cooper Corp. 312 US 600, 604, 85 L Ed 1071, 61 S Ct 742 (1941). See also United States v Mine Workers, 330 US 258, 275, 91 L Ed 884, 67 S Ct 677 (1947)” Will v Michigan State Police, 491 US 58, 105 L. Ed. 2d 45, 109 S.Ct. 2304
b) “a sovereign is not a person in a legal sense” In re Fox, 52 N. Y. 535, 11 Am. Rep. 751; U.S. v. Fox, 94 U.S. 315, 24 L. Ed. 192
All of this is consistent with the Fourteenth Amendment because the Fourteenth Amendment talks about a “person” being a US citizen, and both of them are corporations.
Other terminologies which mean the same thing are “pretend legislation” and then it would also follow that offenses under “pretend legislation” would also be “pretend offenses”. These terminologies are found in the Declaration of Independence(1776).
For any statute to be legimate, there are certain requirements. For example, it has to have a preamble, it has to be approved by both the House of Representatives and the Senate, and signed by the President, and there are other requirements as well. The lack of any of these would make it color of law. Remember, “color of law” means it does NOT have authority, therefore, you have to agree with it, – it is a contract. That is why it is “prima facia”, which means it is “at first look”. In other words, at first look the courts presume that the statute affects you but if you can show that you didn’t agree to it in some way, then you are free to go.
Because the US Congress perjurers did their Foreign Sovereign Immunity Act, and also because state citizens are foreign to the United States, most people think that they have to go through a lot to prove that they did not agree to one of these so-called contracts, but the opposite is true.
Color of Law, and Prima Facia, and presumption are all associated with Admiralty Maritime Law courts.
Still don’t believe that the courts view these colorable codes, rules and regulations as a contract?
“The rights of the individuals are restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government.”
City of Dallas v Mitchell, 245 S.W. 944
Now that you know the hidden evil in the word “person”, try to stop using it in everyday conversation. Simply use the correct term, MAN or WOMAN. Train yourself, your family and your friends to never use the derogatory word “person” ever again.
This can be your first step in the journey to get yourself free from all STATE control.
Most people are unaware that “We the people” have 11th Amendment immunity!
11th Amendment Immunity
1.) The 11th Amendment under the US Constitution reads as follows: “The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.”
2.) On December 9, 1945, International Organization Immunities Act relinquished every public office of the United States to the United Nations. This law makes all public officials foreign citizens, barring them from judicial power. All public officials are administrative agents of the US Corporation. They have no judicial power whatsoever.
3.) 22 CFR (Code of Federal Regulations) 92.12-92.31 FR Heading “Foreign Relationship” states that oath is required to take office.
4.) Title 8 USC 1481 states, once oath of office is taken citizenship is relinquished, thus the oath taker becomes a foreign entity, agency, or state. That means every public office is a foreign state, even all political subdivisions; i.e., every single court is considered a separate foreign entity.
5.) Title 22 USC, “Foreign Relations and Intercourse”, Chapter 11 identifies all public officials as foreign agents.
6.) All “judicial power” of the “inferior courts” comes from the Judiciary Act of 1789, as did the Attorney General position. “Judicial power” comes from Article III, Section 2 of the Constitution. The Eleventh Amendment removed all “judicial power” in law, equity, treaties, contract law, and the right of the State to bring suit against the People. The positions of Attorney General and Prosecutor, of both the United States and the several states, come under the Judicial Branch not the Executive branch of the government. All attorneys come under the Judicial Branch and are judicial officers under the Supreme Court, not under the Secretary of State as licensed professionals, which means they can only represent the Court and not the People or the State. The Eleventh Amendment removed all “judicial power” from the “inferior courts” and the prosecutor’s office as well as from all court officers in law, equity, and so forth.
7.) The Eleventh Amendment also makes a foreign state separation from the position of the Public Office positions to throw off the People. The People have Eleventh Amendment immunity, because there is no “JUDICIAL POWER” of the “inferior courts” and the People have Foreign Sovereign Immunity.
8.) The defendant/affiant/petitioner holds the inherent right of the 11th Amendment, which states in part: “The judicial power shall not be construed to extend to any suit in law or equity, commenced or prosecuted by a Foreign State.”
9.) Municipal, county, or state court lacks jurisdiction to hear any case under the foreign state definitions, coming from the 11th Amendment under the US Constitution. This jurisdiction lies with the United States District Court under the Foreign Sovereign Immunities Act (FSIA) Statutes pursuant to 28 USC 1330.2
10.) The fact that public officials are not citizens, but rather, foreign citizens, all of the cases must be dismissed because the court lacked and lacks jurisdiction to enforce judicial power. This court is an administrative court and not a criminal court. In other words, no judicial power makes this court an administrative court. Also, this following act proves that this court is an administrative agency: The Administrative Procedures Act, Title 5 – Government Organization and Employees Administrative Procedures Act part I – the agencies generally chapter 5 subchapter ii – administrative procedure º551. Definitions. For the purpose of this subchapter – * (1) ”agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency.
Additionally, “Jurisdiction can be challenged at any time.” Basso v. Utah Power & Light Co. 495 F 2d 906, 910. And the court cannot ignore lack of jurisdiction. “There is no discretion to ignore lack of jurisdiction.” Joyce v. U.S. 474 2D 215.
A judgment rendered by a court without personal jurisdiction over the defendant is void. It is a nullity. [A judgment shown to be void for lack of personal service on the defendant is a nullity.] Sramek v. Sramek, 17 Kan. App. 2d 573, 576-77, 840 P.2d 553 (1992), rev. denied 252 Kan. 1093 (1993).
“A court cannot confer jurisdiction where none existed and cannot make a void proceeding valid. It is clear and well established law that a void order can be challenged in any court”, Old Wayne Mut. L. Assoc. v. McDonough, 204 U. S. 8, 27 S. Ct. 236 (1907).
“Defense of lack of jurisdiction over the subject matter may be raised at any time, even on appeal.” Hill Top Developers v. Holiday Pines Service Corp. 478 So. 2d. 368 (Fla 2nd DCA 1985)
“Jurisdiction, once challenged, cannot be assumed and must be decided.” Maine v Thiboutot 100 S. Ct. 250.
“A universal principle as old as the law is that proceedings of a court without jurisdiction are a nullity and its judgment therein without effect either on person or property.” Norwood v. Renfield, 34 C 329; Ex parte Giambonini, 49 P. 732.
“Jurisdiction is fundamental and a judgment rendered by a court that does not have jurisdiction to hear is void ab initio.” In Re Application of Wyatt, 300 P. 132; Re Cavitt, 118 P2d 846.
“Thus, where a judicial tribunal has no jurisdiction of the subject matter on which it assumes to act, its proceedings are absolutely void in the fullest sense of the term.” Dillon v. Dillon, 187 P 27.3
If any Tribunal (court) finds absence of proof of jurisdiction over a person and subject matter, the case must be dismissed. (See Louisville v. Motley 2111 US 149, 29S. CT 42.
“The Accuser Bears the Burden of Proof Beyond a Reasonable Doubt”.)
According to Article VI, Clause 2 of the US Constitution, known as the Supremacy Clause, establishes, “The U.S. Constitution and treaties as the supreme law of the land; and the judges in every state shall be bound thereby.” Every judge and public official took an oath of office to uphold and defend the US and their state’s Constitutions, so every judge is indeed bound to uphold and defend the US Constitution.
“Any law that is repugnant to the Constitution, shall remain forever ’colorable’ and is null and void.” (See Marbury v. Madison 5 U.S. 137, 174, 176 (1803).
“According to Cohens vs. Virginia, 19 U.S. (6 wheat) 264 404 5 L. Ed. 257 (1821), “No one can war with the Constitution.” To war with the constitution constitutes the overthrow of our constitutional form of government, which is treason in violation of Title 18 U.S.C, Section 2381.
“Where Rights secured by the Constitution are involved, there can be no rule – making or legislation, which would abrogate them.” (See Miranda v. Arizona 384 US 436, 125.)
There appears to be general misunderstanding by people in general as to the difference between a natural person and an artificial person. This document will explain that difference.
John Joseph Smith, is a natural, flesh and blood, person, created by God.
JOHN JOSEPH SMITH, is a U.S. corporate artificial person, U.S. citizen, created by the government.
In basic English grammar, a name spelled in upper and lower case, such as John Joseph Smith, is indicative of a flesh and blood man, a natural person.
Person. In general usage, a human being (i.e. natural person), though by statute term may include labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. Black’s Law Dictionary 6th Ed.
On the other hand, a name spelled in all caps, such as JOHN JOSEPH SMITH, is indicative of an artificial person.
Artificial persons. Persons created and devised by human laws for the purposes of society and government, as distinguished from natural persons. Corporations are examples of artificial persons. Black’s 6th Ed.
U.S. v. Anthony 24 Fed. 829 (1873) “The term resident and citizen of the United States is distinguished from a Citizen of one of the several states, in that the former is a special class of citizen created by Congress.”
The “United States” is defined in Title 28 USC Sec. 3002(15)(A) as a “Federal corporation”.
It is also a municipal corporation.
Municipal. In narrower, more common, sense, it means pertaining to a local governmental unit, commonly, a city or town or other governmental unit. In its broader sense, it means pertaining to the public or governmental affairs of a state or nation or of a people. Black’s Law Dictionary 6th Ed.
So the federal corporation United States, that pertains to the public affairs of a people, would be a municipal corporation.The federal government pertains to the affairs of its sovereign people.
Municipal corporation. A body corporate consisting of the inhabitants of a designated area created by the legislature with or without the consent of such inhabitants for governmental purposes . . .
A municipal corporation has a dual character, the one public and the other private, and exercises corresponding twofold functions and duties — one class consisting of those acts performed by it in the exercise of delegated sovereign powers for benefit of people generally, as arm of the state, enforcing general laws made in pursuance of general policy of the state, and the other consisting of acts done in exercise of power of the municipal corporation for its own benefit, or for the benefit of its citizens alone, or citizens of the municipal corporation and its immediate locality. Black’s 6th Ed.
A municipal corporation is an artificial person, as shown above, and consists of the general inhabitants called citizens, and these artificial persons (citizens) were created by the legislature, not by God. A corporation can be a citizen itself, and that corporation can have its own citizens. A corporation also has it’s own officers. When a corporation is dissolved, then the officers of that corporation no longer exist. A government has it’s own citizens and employees. When that government is dissolved, then those citizens also cease to exist, since both officers and citizens of a corporation are both artificial persons.
Corporate citizen. Corporate status in the state of incorporation . . . Black’s 6th Ed.
A municipal corporation in its broader sense, such as the United States, consists of the inhabitants (U.S. citizens) of a designated area (federal United States). And a corporation can through its legislative branch create artificial persons, who are termed citizens of the municipal corporation. Can an artificial person create a flesh and blood natural man? Can the creator create a being superior to itself? Or can an artificial person only create (make) another artificial person?
I claim that when the municipal corporation United States, creates a citizen through legislative act, that citizen is then a corporate U.S. citizen. That corporate citizen’s name is spelled in all capital letters, to indicate that it is an artificial person, as distinguished from a natural person whose name is spelled in upper and lower case letters. That corporate citizen is subject to its creator, the U.S. government, and is subject to its exclusive jurisdiction.
Constitution of the United States of America
14th Amendment. Section 1. 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. No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any States deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
A citizen of the United States is a corporate citizen, with corporate status, created by the corporation called United States, and is acting as their agent for the purpose of collecting revenue. This citizen has only privileges and immunities under the 14th Amendment. A natural person has inalienable rights, secured by the Constitution. A person with corporate status, would have corporate income.
COLLECTIVE ENTITY RULE
Brasswell v. United States 487 U.S. 99 (1988) This doctrine – known as the collective entity rule- has a lengthy and distinguished pedigree.
What is a “collective entity”? A collective entity is simply a corporate entity. Since the status of U.S. citizen can be created by naturalization let’s see what naturalization is, and determine if a U.S. citizen is part of a collective entity.
Naturalization. The process by which a person acquires nationality after birth and becomes entitled to the privileges of U.S. citizenship. In the United States collective naturalization occurs when designated groups are made citizens by treaty (as Louisiana Purchase), or by a law of Congress (as in annexation of Texas and Hawaii). Black’s 6th Ed.
Person. Scope and delineation of term necessary for determining to whom Fourteenth Amendment of Constitution affords protections since this Amendment expressly applies to “person”.
Let’s review the definition of artificial person.
Artificial persons. Persons created and devised by human laws for the purposes of society and government, as distinguished from natural persons. Corporations are examples of artificial persons. Black’s 6th Ed.
The 14th Amendment applies to “persons”, and person in legal parlance means an artificial person, in distinction from a natural person. “Collective” “naturalization occurs when designated groups” (inhabitants) “are made (created) citizens by a law of Congress”. These artificial persons were “created and devised by human laws (14th Amendment U.S. citizen) for the (revenue) purposes of society and government”, and have their names spelled in all capital letters. These designated groups are “made” or created corporate citizens/employees and are distinguished from natural persons.
A natural person, with his named spelled in upper and lower case letters, has inalienable rights, and is NOT a corporate U.S. citizen. An artificial person, and corporate citizen of the United States, has his name spelled in all capital letters. A natural person cannot be an artificial person at the same time.
The theme of the collective entity rule states:
Brasswell v. United States 487 U.S. 99 (1988) quoting, United States v. White 322 U.S. 694 (1944) But individuals, when acting as representatives of a collective group, cannot be said to be exercising their personal rights and duties, nor be entitled to their purely personal privileges. Rather they assume the rights, duties and privileges of the artificial entity or association of which they are agents or officers and they are bound by its obligations.
Under the collective entity rule, if John Joseph Smith contracted to be a representative or agent of the corporate citizen JOHN JOSEPH SMITH, then he would not be able to exercise his inalienable rights, which are his personal rights. John Joseph Smith (American Citizen) is contracting to be the agent of JOHN JOSEPH SMITH (U.S. citizen), thereby waiving his inalienable rights.
After the birth of John Joseph Smith, a new artificial person was created (JOHN JOSEPH SMITH), by the 14th Amendment, under the collective entity rule, and was naturalized as a corporate citizen of the United States. This did not destroy the natural person, but simply created a second separate legal entity, a legal fiction, artificial person. This legal fiction was created as an agent (U.S. citizen) of the corporate U.S. government to engage in commerce and collect revenue for the governments, federal, state, and local. You contracted to represent this artificial perosn, thereby waiving your inalienable rights.
A sovereign flesh and blood person is an American Citizen.
A corporate U.S. citizen is an artificial person and is a government agent/employee.
WHICH ONE ARE YOU?
We the People
Most people are aware that “We the people” are sovereign in America.
“…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 v Georgia, 2 Dall. 440, at pg 471;
“The words “people of the United States” and “citizens” are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the Government through their representatives. They are what we familiarly call the “sovereign people,” and every citizen is one of this people, and a constituent member of the sovereignty.” Dredd Scott v Sandford, 60 US 393, at pg 404;
So what does it mean to be sovereign? It means that you have all of the rights of the King.
“People of a state are entitled to all rights, which formerly belong to the King by his prerogative.” Lansing v Smith, (1829) 4 Wendell 9,20 (NY).
“The people or sovereign are not bound by general word in statutes, restrictive of prerogative right, title or interest, unless expressly named. Acts of limitation do not bind the King or the people. The people have been ceded all the rights of the King, the former sovereign,…..It is a maxim of the common law, that when an act is made for the common good and to prevent injury, the King shall be bound, though not named, but when a statute is general and prerogative right would be divested or taken from the King (or the people) he shall not be bound.” People v Herkimer, 4 Cowen (NY) 345, 348 (1825)
“It will be admitted on all hands that with the exception of the powers granted to the states and the federal government, through the Constitutions, the people of the several states are unconditionally sovereign within their respective states.” Ohio L. Ins. & T. Co. v. Debolt, 16 How. 416, 14 L.Ed. 997.
Every nation on the planet, is a nation of Kings and Queens. Many people will find this hard to believe but the courts have affirmed this on numerous occasions. This is because of what is known as common law.
In fact, the courts have ruled that there is NOTHING that the government can do to affect “the people”.
“Sovereignty itself is, of course, not subject to law, for it is the author and source of law; …..” Yick Wo v Hopkins, 118 US 356, at pg 370;
Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a government can interface only with other artificial persons. The imaginary, having neither actuality nor substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation of this is that no government, as well as any law, agency, aspect, court, etc. can concern itself with anything other than corporate, artificial persons and the contracts between them.
Penhallow v. Doane’s Administraters 3 U.S. 54; 1 L.Ed. 57; 3 Dall. 54, (1795)
In fact the courts have also ruled that the ONLY authority held by the government is authority that is “delegated” by the people.
“…., while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts.” Yick Wo v Hopkins, 118 US 356, at pg 370;
The ONLY legitimate authority that any government has is delegated by “we the people”, so what does that mean?
Can I delegate to the government the authority to take some money from you and give it to the guy down the street because he is broke?
NO!
So how do they do it? There are 2 classes of citizens.
They do it by way of what the courts view as a contract, through our own ignorance. Much of it is our own fault, because of our own ignorance of the law and how it works, and it is as old as time itself.
Firstly, foreign agents infiltrated our government.
Secondly, the foreign agents converted citizenship to the opposite of what the founding fathers intended.
Thirdly they passed color of law statutes.
Fourthly, we don’t know who we are.
There have always been 2 classes of citizens in America.
The Constitution for the United States of America talks about 2 classes of citizens.
Article IV, Section 2 Clause 1 says; “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”
The courts have talked about the two classes of citizens as shown below.
“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.” . US vs. Cruikshank, 92 US 542,
The Fourteenth Amendment, “….creates or at least recognizes for the first time a citizenship of the United States, as distinct from that of the States.”
Black’s Law Dictionary, 5th Edition at pg 591;
“One may be a citizen of a State and yet not a citizen of the United States. Thomasson v State, 15 Ind. 449; Cory v Carter, 48 Ind. 327 (17 Am. R. 738); McCarthy v. Froelke, 63 Ind. 507; In Re Wehlitz, 16 Wis. 443.”
Mc Donel v State, 90 Ind. Rep. 320 at pg 323;
“Both before and after the 14th Amendment to the Federal Constitution it has not been necessary for a person to be a citizen of the U.S. in order to be a citizen of his State” Crosse v. Board of Supervisors, Baltimore, Md., 1966, 221 A. 2d 431 citing US Supreme Court Slaughter House Cases and U.S. v. Cruikshank 92 US 542, 549, 23 L. Ed 588 1875
“There are two classes of citizens, citizens of the United States and of the State. And one may be a citizen of the former without being a citizen of the latter” Gardina v. Board of Registers 48 So. 788, 169 Ala. 155 (1909)
“Citizenship of the United States does not entitle citizens to privileges and immunities
of Citizens of the State, since privileges of one are not the same as the other” Tashiro v. Jordan, 255 P. 545 California Supreme Court
The United States Supreme Court quite thoroughly expanded on the two classes
of citizenship in the case Maxwell v Dow, 20 S.C.R. 448, where it said:
“…that there was a citizenship of the United States and a citizenship of the states,
which were distinct from each other, depending upon different characteristics and circumstances in the individual; that it was only privileges and immunities of the citizens of the United States that were placed by the amendment under the protection of the Federal Constitution, and that the privileges and immunities of a citizen of a state, whatever they might be, were not intended to have any additional protection by the
paragraph in question, but they must rest for their security and protection where they have heretofore rested.”
Maxwell v Dow, 20 S.C.R. 448, at pg 451;
These two classes of citizenship continue to this day,
“Privileges and immunities clause of the Fourteenth Amendment protects only those rights peculiar to being a citizen of the federal government; it does not protect those rights which relate to state citizenship. 14,§ 1.”
Jones v Temmer, 829 F.Supp. 1226 (D.Colo. 1993);
Because there are 2 classes of citizens, and also because of circumstances that will become known below, it is necessary to assert your sovereignty. In order to understand how and why you assert your sovereignty, we need to have some background knowledge.
A state citizen is one of “We the People” found in the preamble to the constitution. You can be in a state without being in the United States. In fact, if you read their codes, the United States in the United States Code is the District of Columbia and the Territories. The Puerto Rico website even talks about it.
What is a US citizen?
KNOWLEDGE IS POWER!
The US citizen
A US citizen does not have any rights.
“…the privileges and immunities of citizens of the United States do not necessarily include all the rights protected by the first eight amendments to the Federal constitution against the powers of the Federal government.” Maxwell v Dow, 20 S.C.R. 448, at pg 455;
“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
“Therefore, the U.S. citizens [citizens of the District of Columbia] residing in one of the states of the union, are classified as property and franchises of the federal government as an “individual entity.”
Wheeling Steel Corp. v. Fox, 298 U.S. 193, 80 L.Ed. 1143, 56 S.Ct. 773.
“A “US Citizen” upon leaving the District of Columbia becomes involved in “interstate commerce”, as a “resident” does not have the common-law right to travel, of a Citizen of one of the several states.” Hendrick v. Maryland S.C. Reporter’s Rd. 610-625. (1914)
A US citizen is a corporation.
“…it might be correctly said that there is no such thing as a citizen of the United States. ….. A citizen of any one of the States of the Union, is held to be, and called a citizen of the United States, although technically and abstractly there is no such thing.” Ex Parte Frank Knowles, 5 Cal. Rep. 300
This can also be confirmed in the definitions section of Title 5 USC, Title 26 USC, and Title 1 USC.
Therefore a US citizen is a piece of property. If you read any of those old court cases prior to the civil war where slavery was the issue, the debate was ALWAYS over property rights, therefore a US citizen, is a SLAVE.
The Fourteenth Amendment defines what a US citizen is;
“Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States,…..”
The so-called Fourteenth Amendment criminally converts US citizenship completely upside down from what the founding fathers intended.
“The rights of the individuals are restricted only to the extent that they have been voluntarily surrendered by the “citizenship” to the agencies of government.”
City of Dallas v Mitchell, 245 S.W. 944
“Civil rights under the 14th amendment are for Federal citizens and not State Citizens; Federal citizens, as parents, have no right to the custody of their infant children except subject to the paramount right of the State.” Wadleigh v. Newhall, Circuit Court N. Dist. Cal., Mar 13, 1905
and “US citizens” can even murder their unborn children by committing the common law crime of infanticide, and because the unborn are NOT “persons”, then they are by definition State Citizens, which means the BAR members (foreign agents of the Crown) in the so-called courts are engaged in genocide against the American sovereignty, and this is proof that it has nothing to do with race, and has everything to do with slavery;
“The unborn are not included within the definition of “person” as used in the 14th Amendment.” Roe v. Wade, US Supreme Court, 410 US 13, 35L. Ed. 2d 147, 1973
“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,
“…it is evident that they [US citizens] have not the political rights which are vested in citizens of the States. They are not constituents of any community in which is vested any sovereign power of government. Their position partakes more of the character of subjects than of citizens. They are subject to the laws of the United States, but have no voice in its management. If they are allowed to make laws, the validity of these laws is derived from the sanction of a Government in which they are not represented. Mere citizenship they may have, but the political rights of citizens they cannot enjoy…” People v. De La Guerra,40 Cal. 311, 342 (A.D. 1870) [emphasis added]
“SUBJECT. SUBJECT may imply a state of subjection to a person, such as a monarch, without much sense of membership in a political community or sharing in political rights … It may on the other hand simply indicate membership in a political community with a personal sovereign to whom allegiance is owed.” Webster’s Third New International Dictionary, MERRIAM-WEBSTER INC., Publishers 1986
“[T]he term “citizen,” in the United States, is analogous to the term “subject” in the common law.” State vs Manual 20 NC 122, 14 C.J.S. 4, p 430
and a “US citizen” is a fictitious entity, and has no rights;
“Therefore, the U.S. citizens residing in one of the states of the union, are classified as property and franchises of the federal government as an “individual entity.” Wheeling Steel Corp. v. Fox, 298 U.S. 193, 80 L. Ed. 1143, 56 S. Ct. 773
“In our opinion, it was not the intent of the legislature to restrict the operation of the
statute to those only who were subjects of the United States government …”
Prowd v. Gore (1922) 57 Cal. App. 458, 459-461 [emphasis added]
“Upon the other hand, the 14th Amendment, upon the subject of citizenship, Declares
only that “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.” Here there is a limitation to person born or naturalized in the United States,
which is not extended to person born in any place “subject to their jurisdiction.””
Downes v. Bidwell (1900) 182 U.S. 244, 249-251, 45 L. Ed. 1088, 1092, [emphasis added]
A “US Citizen” upon leaving the District of Columbia becomes involved in “interstate commerce”, as a “resident” does not have the common-law right to travel, of a Citizen of one of the several states. Hendrick v. Maryland S.C. Reporter’s Rd. 610-625. (1914)
“The right of trial by jury in civil cases, guaranteed by the 7th Amendment (Walker v. Sauvinet, 92 U. S. 90), and the right to bear arms, guaranteed by the 2nd Amendment (Presser v. Illinois, 116 U. S. 252), have been distinctly held not to be privileges and immunities of citizens of the United States guaranteed by the 14th Amendment against abridgement by the states, and in effect the same decision was made in respect of the guarantee against prosecution, except by indictment of a grand jury, contained in the 5th Amendment (Hurtado v. California, 110 U. S. 516), and in respect of the right to be confronted with witnesses, contained in the 6th Amendment.” West v. Louisiana, 194 U. S. 258.
“The technical niceties of the common law are not regarded. . . .”, 1 R.C.L. 31, p. 422. “A jury does not figure, ordinarily, in the trial of an admiralty suit. . . the verdict of the jury merely advisory, and may be disregarded by the court.” 1 R.C.L. 40, p. 432. “[The] rules of practice may be altered whenever found to be inconvenient or likely to embarrass the business of the court.” 1 R.C.L. 32, p. 423. “A court of admiralty. . . acts upon equitable principles.” 1 R.C.L. 17, p. 416. “A libel of information [accusation] does not require all the technical precision of an indictment at common law. If the allegations describe the offense, it is all that is necessary; and if it is founded upon a statute, it is sufficient if it pursues the words of the law.” The Emily v. The Caroline, 9 Wheat. 381
“…that there was a citizenship of the United States and a citizenship of the states, which were distinct from each other, depending upon different characteristics and circumstances in the individual; that it was only privileges and immunities of the citizens of the United States that were placed by the amendment under the protection of the Federal Constitution, and that the privileges and immunities of a citizen of a state, whatever they might be, were not intended to have any additional protection by the paragraph in question, but they must rest for their security and protection where they have heretofore rested.” Maxwell v Dow, 20 S.C.R. 448, at pg 451;
“…the privileges and immunities of citizens of the United States do not necessarily include all the rights protected by the first eight amendments to the Federal constitution against the powers of the Federal government.” Maxwell v Dow, 20 S.C.R. 448, at pg 455; — Timeline Photos
Citizenship vs. Residence
If you were born in one of the 50 states of the Union, then you should be a State Citizen with human rights, and not subject to Congressional laws.
HOWEVER, since you filled out the birth certificate and Social Security application (SS-5) you have declared to be a Federal citizen called a “citizen of the United States”.
ALSO, you cannot be a “Resident” of a state and a “Citizen” of a state at the same time. This is because “Resident” DOES NOT MEAN what you think it means. “Resident” means that you are a temporary visitor, and that you do NOT have the same rights as a state Citizen.
Because ALL “citizens of the United States” are Federal citizens, presumed to be domiciled in the District of Columbia, they are also presumed to be “Residents” of the states where they live. The 14th Amendment created a “new class of citizen”, and stated:
“any person born in the United States and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”
This means that a Federal citizen (with a lower case “c”) is a Federal citizen, to be treated as such in the State where they “reside”, meaning temporarily live. This statement proves that 14th Amendment citizens are NOT state Citizens, because you cannot be a Resident and a Citizen of the same place.
Legal Dictionary
Main Entry: res·i·dent
Pronunciation: ‘re-z&-d&nt
Function: noun
: one who has a residence in a particular place but does not necessarily have the status of a citizen —compare CITIZEN 1, DOMICILIARY — resident adjective
“Residence and Citizenship are wholly different things within the meaning of the Constitution and the laws defining and regulating the jurisdiction of the circuit courts of the United States; and a mere averment of residence in a particular State is not an averment of Citizenship in that state for the purposes of jurisdiction.” Steigleder v. McQuesten, 198 U.S. 143
“Of course the terms ‘resident’ and ‘citizen’ are not synonymous, and in some cases the distinction is important” [252 U.S. 60, 79] (La Tourette v. McMaster, 248 U.S. 465, 470 , 39 S. Sup. Ct. 160)…TRAVIS v. YALE & TOWNE MFG. CO. , 252 U.S. 60 (1920)
