State vs. Federal Citizenship What’s it Mean PT 5
Most of the federal statute laws do not apply to Citizens of a state. If the authority for the statute can be found in the organic Constitution, then the statute is of a National character, as it applies to both state Citizens and aliens.
“Upon introducing the provisions which eventually became 18 U.S.C. 242, its sponsor, Senator Stewart, explicitly stated that the bill protected all ‘persons’… He noted that the bill ’simply extends to foreigners, not citizens, the protection of our laws’.” United States v. Otherson, 480 F.Supp. 1369, 1373 (1979). What could this mean? Well, it implies that Citizens of a state already had the protections introduced by this statute, but it extended to foreigners this protection also. What is a “foreigner” if they are not also an “alien”?
Privileges granted by the sovereign (governments) in their capacity to license (condone) what might otherwise be illegal are always taxable and regulatable. Rights such as those envisioned by the founding fathers are not taxable or regulatable because they are exercises of the common right that could be completely destroyed by government through taxation and/or regulation. These are maxims of law so well established that they are irrefutable. For example, look to Frost & Frost Trucking v. Railroad Commission of California, 271 U.S. 583, 70 L.Ed. 1101 (1925).
Now, in 1868, we have a class of citizenship created [14th Amendment] which is “subject” by grant of privilege from a sovereign power [federal Congress] exercising exclusive authority to govern its territory under Article I, sect. 8, cl. 17 of the Constitution. Federal citizens are created by Congress. It is self-evident that all state Citizens are created equal; that they are endowed, by their creator, with certain inalienable rights, and that governments are instituted to secure these rights.
It is also a self-evident truth that the sovereign creator can never create an entity (government) and assign it more power than what the creator possesses to begin with. Further, the Constitution for the United States of America did not repeal the Articles of Confederation, it was only intended “to make a more perfect union.” Therefore, it logically follows that the creator did not purposely intend to alter their status as MASTER to accept a role as SERVANT to its own creation. This is plainly shown throughout the Constitution, but especially set forth in the Tenth Amendment. (cf. United States v. Darby, 312 U.S. 100, 124 (1941); Cooper v. Aaron, 358 U.S. 1 (1958))
“The right to tax and regulate the national citizenship is an inherent right under the rule of the Law of Nations, which is part of the law of the United States, as described in Article 1, Section 8, Clause 17.” The Luisitania, 251 F.715, 732. And, “This jurisdiction extends to citizens of the United States, wherever resident, for the exercise of the privileges and immunities and protections of [federal] citizenship.” Cook v. Tait, (1924) 265 U.S. 37,44 S.Ct 447, 11 Virginia Law Review, 607.”
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 abridgment 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. Louisianna, 194 U.S. 258.
The privileges and immunities [civil rights] of the 14th Amendment citizens were derived [taken] from….the Constitution, but are not identical to those referred to in Article IV, sect. 2 of the Constitution [which recognizes the existence of state Citizens who were not citizens of the United States because there was no such animal in 1787]. Plainly spoken, RIGHTS considered to be grants from our creator are clearly different from the “civil rights” that were granted by Congress to its own brand of franchised citizen in the 14th Amendment.
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