Restore The Constitution

The origin of the federal citizen

So far I have not given any proof that the government actually recognizes two distinct classes of citizens. I will give that evidence now by describing the 13th and 14th Amendments.

In 1865, the 13th Amendment abolished slavery and involuntary servitude except as punishment for a crime. The Supreme Court ruled that the 13th Amendment operated to free former slaves and prohibit slavery, but it in no way conferred citizenship to the former slaves, or to those of races other than white, because the founders of the Constitution were all of the white race.

The federal government did not have the authority to determine if former slaves could become a Citizen of one of the several states because the 9th and 10th Amendments said that powers not granted specifically to the federal government by the Constitution are reserved to the states or to the People. History shows that the Pennsylvania Commonwealth and New York State were nationalizing blacks as State Citizens. In other states blacks were not Citizens and therefore did not have standing in any court. The answer to this problem was the 14th Amendment.

The 14th Amendment used the term “citizen of the United States.” The courts have ruled that this means federal citizenship which is similar to a citizen of the District of Columbia. Since the federal government didn’t step in and tell Pennsylvania or New York that it couldn’t make State Citizens out of former black slaves, an argument could be made that the 14th Amendment was written primarily to afford [voluntary] citizenship to those of the black race that were recently freed by the 13th Amendment (Slaughter-House Cases, 16 Wall. 36, 71), and did not include Indians and others NOT born in and subject to the jurisdiction of the United States (McKay v. Cambell, 2 Sawy. 129), Thus, the Amendment recognized that “an individual can be a Citizen of one of the several States without being a citizen of the United States,” (U.S. v. Anthony, 24 Fed. Cas. 829, 830), or, “a citizen of the United States without being a Citizen of a State.” (Slaughter-House Cases, supra; cf. U.S. v. Cruikshank, 92 US 542, 549 (1875)).

To restate: In the Slaughter-House Cases, supra the Court said: “It is quite clear, then, that there is a citizenship of the United States and a citizenship of a state, which are distinct from each other and which depend upon different characteristics or circumstances of the individual. . . . Of the privileges and immunities of the citizens of the United States and of the privileges and immunities of the citizen of the state, and what they respectfully are, we will presently consider; but we wish to state here that it is only the former which are placed by this clause under the protection of the Federal Constitution, and the latter, whatever they may be, are not intended to have any additional protection by this paragraph of the amendment.”

The court has also ruled that “The term United States is a metaphor [a figure of speech]”. Cunard S.S Co. V. Mellon, 262 US 100, 122; and that “The term ‘United States’ may be used in one of several senses. It may be merely the name of a sovereign occupying the position analogous to that of sovereign in a family of nations. It may designate territory over which sovereignty of the United States extends, or it may be a collective name of the states which are united by and under the Constitution.” Hooven & Allison Co. v. Evatt, 324 US 652, 672-73.

Did the Courts really say that someone could be a Citizen of a State without being a citizen of the United States? Yes, they did. It’s true that the cases cited above are old, some over 100 years old. None of these cases have ever been overturned by a more recent decision, so they are valid. A more recent case is Crosse v. Bd. of Supervisors, 221 A.2d 431 (1966) which says: “Both before and after the Fourteenth Amendment to the federal Constitution, it has not been necessary for a person to be a citizen of the United States in order to be a citizen of his state.” Citing U.S. v. Cruikshank, supra.

The courts presume you to be a federal citizen, without even telling you that there are different classes of citizens. It is up to you dispute this. “Unless the defendant can prove he is not a citizen of the United States, the IRS has the right to inquire and determine a tax liability.” U.S. v. Slater, 545 Fed. Supp. 179,182 (1982).

In 1866, Congress passed the first civil rights act which only applied to the District of Columbia and other federal territories. In 1868, the 14th Amendment was proclaimed to be passed. At this point the number of subjects that the federal government had exclusive jurisdiction over increased to all of the former slaves that had not become state Citizens.

There are many reasons why I do not like the 14th Amendment. The first is that is was never ratified!

“I cannot believe that any court in full possession of all its faculties, would ever rule that the (14th) Amendment was properly approved and adopted.” State v. Phillips, 540 P.2d. 936; Dyett v. Turner, 439 P.2d. 266. (The court in this case was the Utah Supreme Court.)

Further, in 1967, Congress tried to repeal the 14th Amendment on the ground that it is invalid, void, and unconstitutional. CONGRESSIONAL RECORD — HOUSE, June 13, 1967, pg. 15641. The nine pages of argument that are recorded here detail the infirmities that prove that the 14th Amendment was never properly ratified, and thus is no law!

The 14th Amendment reads in pertinent part, “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….The validity of the public debt of the United States…shall not be questioned.”

There is a wealth of deception in the above wording, because of sheer number of words that have specific or multiple meanings in law depending upon how they are used.

Go the part “and subject to the jurisdiction thereof.” The word the is used in a singular form, not the plural, as is the word jurisdiction. If Congress meant the several States, rather that the District of Columbia, it would have been more correct to say “and subject to their jurisdictions.”

In addition, a new pecking order is established with the phrase. “are citizens of the United States and of the State wherein they reside.”

If you research the terms “resident” and “legal residence”, you find that it is the nexus that binds us all to the State and federal enforcement of commercial law statutes today. “Resident” is the short form of “Resident Alien” and is used in State statutes to mean someone who exhibits actual presence in an area belonging to one nation while retaining a domicile/citizenship status within another foreign nation [The United States/District of Columbia]. The term “legal residence” further indicates that these two terms may be applied either to a geographical jurisdiction, or, a political jurisdiction. An individual may reside in one or the other, or in both at the same time. In California, Government Code, section 126, sets forth the essential elements of a compact between this State and the federal government allowing reciprocal taxation of certain entities, and provide for concurrent jurisdiction within geographical boundaries.

Both state Citizens and federal citizens are Americans. US citizens are “domiciled” in the District of Columbia and are privileged alien to the state wherein the reside and state Citizens are domiciled in their state and not aliens in their state. They also do not reside in their state; they are Citizens of the state. The distinction may seem insignificant to you but it is not to the court. A state Citizen has the right to travel in each of the 50 states. He/she can file papers at any county courthouse in any state and become a Citizen of that state.

This entry was posted on Tuesday, February 19th, 2008 at 1:55 pm and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.