Citizenship and Jurisdiction
Citizenship and Jurisdiction:
Crime under TITLE 18 > PART I > CHAPTER 69 > 1425. Procurement of citizenship or naturalization unlawfully.
"The idea is quite unfounded that on entering into society we give up any natural right." --Thomas Jefferson to Francis Gilmer, 1816. ME 15:24
The premise for this attachment is that the United States government, (NOT the United several States of the American union) is a de facto government, having defrauded all Americans by creating an illegally generated dual citizenship and placing ALL Americans into this "United States defacto government" AS U.S. citizens/nationals, thereby causing them to become legally bound to U.S. de facto laws, including IRS income taxation and all the thousands of statutatory laws created contrary to Common and Constitutional laws, to gradually steal freedoms and finances... a communist/socialist society. This "representation" of this de facto "citizenship" by the U.S. government created a possible taxable issue, which I reject.
This de facto government is supported unwittingly by the American people, via voting for representatives of this government and allowing it to exist unchallenged. This "dual" citizenship causes all Americans to commit treason against their own, true, de jure nation... that of the nation/state of their birth. This true nation is NOT the "United States," but is the sovereign people which make up the union of states, of which the United States government is servant to, under law.
The U.S. government's jurisdiction over my life, liberty and actions regarding, but not limited to, all issues within this affidavit, is hereby rescinded according to law, and I expatriate myself from this de facto "United States" foreign nation and claim all de jure rights and freedoms under all applicable laws, and personally accept ONLY that service which the organic Constitution affords the government "Of The People, By The People and For The People" of the several states.
The case law and documentation supporting this is as follows:
(Burks v. Lasker, 441 US 471) & (U.S v. Grimaud 220 US 506) The issue of Jurisdiction. When jurisdiction is not squarely challenged it is presumed to exist. In the courts there is no meaningful opportunity to challenge jurisdiction, as the court merely proceeds summarily. However once jurisdiction has been challenged in the courts, it becomes the responsibility of the plaintiff to assert and prove said jurisdiction.. (Hagans v. Lavine, 415 US 533) as mere good faith assertions of power have been abolished.(Owens v. City of Independence, 100 S Ct, 1398, 1980)
"A canon of construction which teaches that of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States." U.S. v. Spelar, 338 U.S. 217 at 222 (1949)
IRC 3121)(e) United States: The term "United States" when used in a geographical sense includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.)
The "United States" in the above does NOT mean the 50 sovereign nation/states of the United several States of America. These are TWO distinct entities.
Foreign government: "The government of the United States of America, as distinguished from the government of the several states." (Black's Law Dictionary, 5th Edition)
The government of the "United States" is actually foreign to the government of the sovereign 50 states. It was meant to be a separate "thing," but not to become a replacement "nation" for the 50 sovereign nation/states. Preamble of Public Law, 15 United States Statutes at Large, chapter 249, pps 223-224 (1868).
"It is conceded by the court that Congress may lawfully impose direct taxes in the District for District purposes, without regard to the rule of apportionment, and that Congress is under no constitutional necessity to impose direct taxes by the rule of apportionment upon the District of Columbia, or upon the territories, even though such a direct tax is laid upon the states." William Bradford Bosley, The Constitutional Requirements of Uniformity in Duties, Imposts and Excises, 9 Yale Law Journal 164, 169 (1900).
"We are of the opinion that the island of Porto Rico is a territory appurtenant and belonging to the United States, but not a part of the United States within the revenue clauses of the Constitution." Downes v. Bidwell, 182 U.S. 244, 287 (1901).
United States - US- U.S.-USA-America Means: (A) a federal corporation . . . Title 28 USC Section 3002(5) Chapter 176. It is clear that the United States . . . is a corporation . . . 534 FEDERAL SUPPLEMENT 724.
It is well settled that "United States" et al is a corporation, originally incorporated February 21, 1871 under the name "District of Columbia," 16 Stat. 419 Chapter 62. It was reorganized June 11, 1878; a bankrupt organization per House Joint Resolution 192 on June 5, 1933, Senate Report 93-549, and Executive Orders 6072, 6102, and 6246, a de facto government, originally the ten square mile tract ceded by Maryland and Virginia and comprising Washington D. C., plus the possessions, territories, forts, and arsenals.
The significance of this is that, as a corporation, the United States has no more authority to implement its laws against "We The People" than does Microsoft Corporations, except for one thing -- the contracts we've signed as surety for our Strawman with the United States and the Creditor Bankers. These contracts binding us together with the United States and the bankers are actually not with us, but with our artificial entity, or as they term it "person,"which appears to be us but spelled with ALL CAPITAL LETTERS. (See Attachment N).
Foreign Laws: "The laws of a foreign country or sister state." (Black's Law Dictionary, 6th Edition)
The laws of the 50 states are all foreign to each other, and to the "United States" as it is commonly regarded today.
Foreign States: "Nations outside of the United States" Term may also refer to another state; i.e. a sister state. The term 'foreign nations,' ...should be construed to mean all nations and states other than that in which the action is brought; and hence, one state of the Union is foreign to another, in that sense." (Black's Law Dictionary, 6th Edition)
This shows that all the 50 states are "nations outside of the United States." How can the "United States be outside of itself? This "foreign states" isn't referring to other International "states," but to THE 50 states. Why would our laws be describing other countries outside the collective "United Union" of 50 nation/states?
If an individual (human being) derives income from a source that is inside the 50 Nation/States of the Union, THEN that income is "foreign income" because it is income derived from a "foreign source" or "situs" specifically "foreign" WITH RESPECT TO the municipal jurisdiction of the federal government (read "looking outward from a situs INSIDE D.C.")
The Federal Government has jurisdiction ONLY over what the states and "People" concede to it...
"Almost a century ago, Congress declared that "the right of expatriation [including expatriation from the District of Columbia or "U.S. Inc,"the corporation - JTM] is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness," and decreed that "any declaration, instruction, opinion, order, or decision of any officers of this government which denies, restricts, impairs, or questions the right of expatriation, is hereby declared inconsistent with the fundamental principles of this government." 15 Stat. 223-224 (1868), R.S. 1999, 8 U.S.C. 800 (1940). Although designed to apply especially to the rights of immigrants to shed their foreign nationalities, that Act of Congress "is also broad enough to cover, and does cover, the corresponding natural and inherent right of American citizens to expatriate themselves." Savorgnan v. United States, 1950, 338 U.S. 491, 498 note 11, 70 S. Ct. 292, 296, 94 L. Ed. 287.
The Supreme Court has held that the Citizenship Act of 1907 and the Nationality Act of 1940 "are to be read in the light of the declaration of policy favoring freedom of expatriation which stands unrepealed." Id., 338 U.S. at pages 498-499, 70 S. Ct. at page 296.That same light, I think, illuminates 22 U.S.C.A. 211a and 8 U.S.C.A. 1185." Walter Briehl v. John Foster Dulles, 284 F2d 561, 583 (1957).
"Special provision is made in the Constitution for the cession from the States over places where the federal government shall establish forts or other military works. And it is only in these places, or in the territories of the United States, where it can exercise a general jurisdiction." New Orleans v. United States, 35 U.S. (10 Pet.) 662, (1836)
I am NOT a territory, nor is Colorado state, or Iowa state, legally sovereign to the "U.S.," "Territories" of the U.S. government.
"It scarcely needs to be said that unless there has been a transfer of jurisdiction (1) pursuant to clause 17 by a federal acquisition of land with State consent, or (2) by cession from the State to the Federal government or unless the Federal Government has reserved jurisdiction upon the admission of the State the Federal Government possess no legislative jurisdiction over any area within a State, such jurisdiction being for exercise entirely by the States, subject to non-interference by the State with Federal functions and subject to the free exercise by the Federal Government of rights with respect to the use, protection, and disposition of its property." The Interdepartmental Committee for the Study of the Study of Jurisdiction Over Federal Areas within the States.
In other words, the Federal Government has little jurisdiction over State affairs unless the State concedes that jurisdiction through legal channels. Therefore, citizens of the several states are NOT "de jure" citizens of the United States, (as defined in the IR Code and supported by Supreme Court case law), except through fraud, and therefore NOT liable for federal income taxes as promoted and enforced. I have certified requested documentation sent to Colorado state, under FOIA or Colorado equivillant, on such ceding of authority or jurisdiction to the U.S. government, by Colorado state, and Colorado state has provided no such documented concessions to the Federal Government.
(30) United States person
The term "United States person" means-
(A) a citizen or resident of the United States,
26 CFR 1.1-1. (c) Every person born or naturalized in the United States and subject to its jurisdiction is a citizen.
What is a person born or naturalized in the U.S., but NOT subject to its jurisdiction?
What is a person NOT born or naturalized in the U.S. (Born in a sovereign nation/state, NOT the United States), and NOT subject to its jurisdiction?
Nation/state Citizens, being domiciled OUTSIDE the federal zone, (Corporate United States) are NOT subject to the municipal jurisdiction of the federal government. Therefore, State Citizens are legally "nonresident aliens" with respect to the municipal jurisdiction of the federal government, and that is the major reason why they are NOT embraced by the legal definition of "U.S. persons": ttp://www.supremelaw.org/fedzone11/
Based on the above and below facts, I am asserting that the following points are true concerning my human self:
1. I am NOT a citizen of the "United States" as described in code or statutatory law, and relinquish any such de facto relationship. All such "presumption" is broken.
"The United States government is a foreign corporation with respect to a state."
N.Y. re: Merriam, 36 N.E. 505, 141 N.Y. 479, Affirmed 16 S.Ct. 1973, 41 L.Ed. 287
"In the United States of America, there are two (2) separated and distinct jurisdictions, such being the jurisdiction of the states within their own state boundaries, and the other being federal jurisdiction (United States), which is limited to the District of Columbia, the U.S. Territories, and federal enclaves within the states, under Article I, Section 8, Clause 17." Bevans v. United States, 16 U.S. 336 (1818).
"State:" The term "State" shall be construed to "include" the District of Columbia, where such construction is necessary to carry out provisions of this title." 26 U.S.C. Sec. 7701
United States: The term "United States" when used in a geographical sense includes [is limited to - (See Attachment B) only the "States," (see definition for "state" above) and the District of Columbia. 26 U.S.C. Sec. 7701
2. I am a "sovereign" de jure American national of Colorado nation/state, originally born as a de jure national of Iowa nation/state...
"COUNTRY: By country is meant the state of which one is a member. Every man's country is in general the state in which he happens to have been born." Bouvier's Law, 1856, Title 8, USC 1101(a)(21), 1984 U.S. government Style manual, chapter 5.22/5.23, Law of Nations.
Country: "The portion of earth's surface occupied by an independent nation or people, or the inhabitants of such territory." Blacks Law Dictionary, 4th edition.
Country: "The territory occupied by an independent nation or people, or the inhabitants of such territory. In the primary meaning of "country" denotes the population, the nation, the state, or the government, having possession and dominion over a territory." Blacks Law Dictionary, 6th Edition.
"A nation-state is a specific form of state (a political entity), which exists to provide a sovereign territory for a particular nation (a cultural entity), and which derives its legitimacy from that function. The compact OED defines it as: "a sovereign state of which most of the citizens or subjects are united also by factors which define a nation, such as language or common descent." Typically it is a unitary state with a single system of law and government. It is almost by definition a sovereign state, meaning that there is no external authority above the state itself." Wikipedia Encyclopedia.
"In regard to the protection of our citizens in their rights at home and abroad we have no law which divides them into classes, or makes any difference whatever between. A native and a naturalized American may, therefore, go forth with equal security over every sea and through every land under heaven, including the country in which the latter was born." 9 Op. (US) Att.-Gen. 360 (1859).
All 50 states of the union are "nations" according to law, and hold sovereign rights above any "United States government" nation rights. All nationals of these nation/states are sovereign and hold all rights of common law and the organic Constitution.
The 14th Amendment created a "Federal nation" as compared to the sovereign "state nations" comprised of the 50 sovereign states of the union. This Amendment created a de facto citizenship which every American "became" through unwitting acquiescence, thereby placing them under "privilege" of such citizenship and also allegiance to, and subject under the laws to same. Case law supports this premise.
Section. 1. (Clause one) 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." (Clause two) No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; (Clause three) nor shall any State 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.
1. Section. 1. (Clause one) 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.
This clearly creates a de facto "dual citizenship" status never before existing for the sovereign state citizens:
Dual Citizenship: Citizenship in two different countries. Status of citizens of the United States who reside within a state; i.e. persons who are born or naturalized in the United States are citizens of the United States and the State wherein they reside." Blacks Law Dictionary, 6th edition.
Naturalized: "To grant full citizenship to (one of foreign birth). American Heritage Dictionary
Prior to the 14th Amendment "citizens of the United States" meant a "citizen" of one of the United States of America, however, this was NOT defined by Congress.** Because this phrase is NOW used in the 14th amendment, this sets forth a specific terminology and can no longer mean anything else, other than a "citizen of the federal government..." a "United States Citizen" naturalized as such at birth without informed consent.
**Previous court case law touched on this de facto entity, the "Citizen of the United States," in Ex Parte- Frank Knowles, California Supreme Court, July term - 1885. In this case the court stated that there was no such thing as a "citizen of the United States," that is, to say, there was no such thing as a citizen of the Federal State, only a citizen of one of the united states.
"... This section (section 1) contemplates two sources of citizenship and two sources only: birth and naturalization. The persons declared to be citizens are "All persons born or naturalized in the United States and subject to the jurisdiction thereof." The evident meaning of these last words is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance..." Elk v Wilkins, 112 U.S. 94 (1884).
The use of the words, "their" and "them" indicates a de facto power created to be ABOVE the American People, something NO American willingly accepts and no organic law supports.
"... and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, (foreign to the United States) owing allegiance to the governments (of the states) thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance "should" be promptly and finally disavowed." Preamble of the Expatriation Act.
Case law prior to 14th Amendment passage:
("Should" indicates no such legal requirement exists, but is what they want all de jure citizens to do.)
"... for it is certain, that in the sense in which the word "Citizen" is used in the federal Constitution, "Citizen of each State," and "Citizen of the United States," are convertible terms; they mean the same thing; for the "Citizens of each State are entitled to all Privileges and Immunities of Citizens in the several States," and "Citizens of the United States" are, of course, Citizens of all the United States." [44 Maine 518 (1859) Hathaway, J. dissenting] Italics in original, underlines and C's added]
Case law AFTER passage of the 14th Amendment:
"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 in the individual." [Slaughter House Cases, 83 U.S. 36] (1873)
"The first clause of the fourteenth amendment made negroes citizens of the United States, and citizens of the State in which they reside, and thereby created two classes of citizens, one of the United States and the other of the state." Cory et al. V. Carter, 48 Ind. 327 1874 head note 8 - emphasis added.
"We have in our political system a Government of the United States and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of its own...." U.S. v. Cruikshank, 92 U.S. 542 1875. Emphasis added.
"One may be a citizen of a State and yet not a citizen of the United States." Thomas 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. McDonel v. State, 90 Ind. 320, 323, 1883.
I applied for no such dual citizenship of the insurgent United States de facto government, (created about the time of the so-called "civil" war, which was actually an International war against the sovereign nation/states of the union) apart from or in addition to, my natural born de jure nationality received at birth. I reject such de facto citizenship of the United States, and retain my de jure nationality of the sovereign nation/state in which I am domiciled at any given time, based on my original de jure Iowa nation/state nationality. Law of Nations; Title 8 USC 1101 (a)(21)
Section 1, (Clause two) " No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States"
This portion of section 1 clearly defines that such "United States de facto citizens" do not have natural rights, but are "granted" privileges for being such a de facto citizen, thereby removing them from de jure status as nationals of their respective states, including all natural rights such sovereigns would otherwise enjoy. Government does NOT grant natural rights, it is to UPHOLD them.
"... all naturalized citizens of the United States, while in "foreign states," (one of the several American Republics) shall be entitled to, and shall receive from this government, the same protection of persons and property that is accorded to native born citizens in like situations and circumstances." Expatriation Act, Section 2.
"The term "foreign states" includes outlying possessions of a foreign state, but self-governed dominions or territories under mandate or trusteeship shall be regarded as separate foreign states." Title 8 USC 1101(a)(14)
This is trying to imply that all de facto citizens of the de facto United Stated are being given all the same de jure rights that de jure citizens (read NON-citizens of the United States but citizens of de jure states) have, but this is NOT true as all U.S. citizens are under the jurisdiction of the United States and all "its" laws. These "privileges and immunities" are NOT the same as the ones secured by Article IV, Section 2 of the organic Constitution for NON-14th amendment citizens.
"Citizens are members of a political community who, in their associated capacity, have established or submitted themselves to the dominion of a government for the promotion of their general welfare and the protection of their individual as well as collective rights. The citizen cannot complain, because he has voluntarily submitted himself to such a form of government... he owes allegiance to the two departments, so to speak, and within their respective spheres must pay the penalties." U.S. v Cruikshank, 92 U.S. 542 (1875).
This makes all 14th amendment states, dependencies of the federal government, and as such, "colonies of the same:
Colony. A dependent political community, consisting of a number of citizens of the same country who have emigrated therefrom to people another, and remain subject to the mother country. Territory attached to another nation, known as the mother country, with political and economic ties e.g. possessions or dependencies of the British Crown. (e.g. Original 13 colonies of the united states).
The Neutrality Act of 1939, Preamble, Title 8 USC and Title 22, USC all set forth two different jurisdictions; the de jure jurisdiction, under the constitution, and the de facto jurisdiction, under the 14th amendment.
Upon birth, under 14th amendment rules, all Americans are fictionally transported to Washington D.C., then fictionally transported back to the State wherein they "reside." This quick change of citizenship is done without knowing approval and by fraud, and takes all who submit to such, OUT of being a sovereign de jure national of the state of their birth and INTO the de facto "residential" jurisdiction of the federal government and de facto United States within the several states.
If one is naturally born into a state/nation, he has NOT legally submitted to such. I have NOT knowingly accepted the "naturalized citizenship" of the 14th amendment related to the United States and reject this de facto fraud.
Usurpation, government. "The tyrannical assumption of the government by force contrary to and in violation of the constitution of the country." Bouvier's Law Dictionary, 1856.
The United States has accomplished this through legal fraud, deceit and American's unwitting acceptance of the same through ignorance. I no longer wish to rebel against my nation/state and accept the de jure natural and common law jurisdiction which resides with the People.
Source for above facts of law: "The Red Amendment," by the People's Awareness Coalition." www.pacinlaw.org/
3. I am a sovereign, independent, sui juris human being, NOT having allegiance to the "United States" corporate structure NOR to federal jurisdiction, and not to "state" jurisdictional powers not afforded it by the organic Constitution.
sui juris: "One who has all the rights to which a freeman is entitled; one who is not under the power of another, as a slave, a minor, and the like." Bouvier's Law
sui juris: "Every one of full age is presumed to be sui juris. Of ful capacity. In his own right; capable of entering into a contract. Ballentine's Law Dictionary.
"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).
Supreme Court Case quotes:
"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."
"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)."
"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. ..."
"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.
"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).
My right of expatriation from "United States nationality" for recovery of my de jure several united states nationality is covered in Title 8 USC 1481 (a) and Title 8 USC 1502 which I hereby claim.
4. I am NOT a "resident" of Colorado, as described in IR code or statutatory law, but a sovereign, (alien to the U.S. but not alien to my nation/state), momentarily domiciled in the sovereign Colorado nation/state, and alien to it alone per my Iowa nationality.
Alien: "Owing political allegiance to another country or government; (Other than allegiance to Iowa nation/state or Colorado nation/state, or wherever I may be domiciled, I owe no allegiance to any other entity save God alone.) foreign; alien residents. An unnaturalized foreign resident of a country; also called noncitizen." American Heritage Dictionary.
"Alien, persons. One born out of the jurisdiction of the United States, who has not since been naturalized under "their" constitution and laws." Bouvier's Law, 1856.
"Their" constitution, meaning the several states' constitution and laws. All citizenship or naturalization prior to the 14th amendment was done exclusively by the several States.
"The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever." Title 8 USC 1101 (2)(23).
Resident, persons: "A person coming into a place with intention to establish his domicile or permanent residence, and who is consequence actually remains there. Residents are distinguished from citizens; residents are aliens (I am NOT alien to my nation/state of Iowa or Colorado) who are permitted to take up permanent abode in a country." Bouvier's law, 1856,
"Residents, as distinguished from citizens, are aliens who are permitted to take up permanent abode in the country." Vattel-Law of Nations.
United States government Styles manual (1984), chapters 5.22 and 5.23 clearly define American nationals. "The term "national" means a person owing permanent allegiance to a state." (The several states) Title 8 USC 1101 (a)(21)
5. I am NOT a "person" as described in IR code or statutatory law. (See Attachment F)
TITLE 26 Subtitle F CHAPTER 79 7701
(a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof-
The term "person" shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation - ("corporation," See Attachment N).
(30) United States person
The term "United States person" means-
(A) a citizen or resident of the United States, (The corporate U.S., NOT the sovereign 50 states making up the U.S. union).
26 CFR 1.1-1. (c) Every person born or naturalized in the United States and subject to its jurisdiction is a citizen.
I neither chose to be a U.S. resident or citizen, nor do I accept it now. I was made a de facto "U.S. citizen" through the 14th Amendment, involuntarily, through fraud, and unwitting tacit acquiescence, which I now rescind to claim my full de jure nationality of the America sovereign nation/state which I was born, (Iowa) or at any time, be domiciled in, presently the sovereign Colorado nation/state. Law of Nations, Title 8 USC 1481 (a).
Tacit: "Existing, inferred, or understood without being openly expressed or stated; implied by silence or silent acquiescence, as a tacit agreement or a tacit understanding. 2. Done or made in silence, implied or indicated, but not actually expressed. Manifested by the refraining from contradiction or objection; inferred from the situation and circumstances, in the absence of express matter." Blacks Law, 6th edition.
6. I am NOT an "individual" as described in IR code or statutatory law. (See Attachment F)
Title 5 USC 552a. Records maintained on individuals
(a) Definitions. For purposes of this section -
(2) The term "individual" means a citizen of the United States or an alien lawfully admitted for permanent residence.
I am neither.
Sec. 1.1-1 Income tax on individuals.
(a) General rule. (1) Section 1 of the Code imposes an income tax on the income of every individual who is a "citizen" or "resident of the United States" (a citizen of US, but an alien...
Title 8 USC 1101. Definitions.
(a) As used in this chapter - [chapter 12 of Title 8] (3) The term "alien"
means any person not a citizen or national of the "United States.")... someone living in a particular nation/state) and, to the extent provided by section 871(b) or 877(b), on the income of a nonresident alien "individual."
TITLE 22 CHAPTER 9 SUBCHAPTER II 456
(f) The term "citizen" shall include any "individual" owing allegiance to the "United States," a partnership, company, or association composed in whole or in part of "citizens" of the "United States," and any corporation (See Attachment N) organized and existing under the laws of the "United States" as defined in subsection (a) of this section.
I owe no such allegiance to the United States which encumbers me in any way or separates me from my de jure allegiance to Iowa, or the nation/state of my domicile and the common law and organic Constitution under which I am held.
TITLE 26 7701:
(b) Definition of resident alien and nonresident alien.
(1) In general. For purposes of this title (other than subtitle (b)
(A) Resident alien. An alien individual shall be treated as a resident of the United States with respect to any calendar year if (and only if) such individual meets the requirements of clause (I), (ii) or (iii):
(i) Lawfully admitted for permanent residence. Such individual is a lawful permanent resident of the United States at any time during such calendar year.
(ii) Substantial presence test. Such individual meets the substantial presence test of paragraph (3) (omitted).
(iii) First year election. Such individual makes the election provided in paragraph (4) (omitted).
(B) Nonresident alien. An individual is a nonresident alien if such individual is neither a citizen of the United States nor a resident of the United States (within the meaning of subparagraph (A)).
Title 8 USC 1101. Definitions
(a)(20) The term "lawfully admitted for permanent residence" means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.
7. I am NOT a corporate structure, (straw man ) nor do I accept any contracts as, or for, a corporate structure, or any liability for same.
Title 28 USC 1332. Diversity of citizenship
(c) For the purposes of this section and section 1441 of this title: (1) a corporation shall be deemed to be a citizen of any State. . . (See Attachment N).
8. "Original jurisdiction. (B) The Supreme Court shall have original but not exclusive jurisdiction of: (3) All actions or proceedings by a State against the citizens of another State or against aliens." Title 28 USC 1251 (See Attachment K).
9. Further confusing and misleading words and definitions in the IR Code:
Title 26 USC 877. Expatriation to avoid tax
(a) Treatment of expatriates. (1) In general. Every nonresident alien< individual who, within the 10-year period immediately preceding the close of the taxable year, lost United States citizenship, unless such loss did not have for one of its principal purposes the avoidance of taxes under this subtitle or subtitle B, shall be taxable for such taxable year. . ."
Title 8 USC 1101. Definitions
(a) As used in this chapter - [chapter 12 of Title 8] (29) The term "outlying possessions of the United States" means American Samoa and Swains Island.
Title 8 USC 1408. Nationals but not citizens of the United States at birth
Unless otherwise provided in section 1401 of this title, the following shall be nationals, but not citizens, of the United States at birth: (1) A person born in an outlying possession of the United States on or after the date of formal acquisition of such possession.
Title 8 USC 1401. Nationals and citizens of United States at birth
The following shall be nationals and citizens of the United States at birth: A "person" born in the "United States," and subject to the "jurisdiction" thereof.
Title 8 USC 1101. Definitions
(a) As used in this chapter - [chapter 12 of Title 8] (22) The term "national of the United States" means a citizen of the United States.
I was neither born in any possession of the "United States" as defined above, nor IN the "United States" (see definition of United States under point 2), and am NOT a citizen or national of the United States government.
9. Invito beneficium non datur. No one is obliged to accept a benefit against his consent. But if he does not dissent, he will be considered as assenting.
I do dissent, and do NOT accept obligations or contracts with the "United States government," nor do I accept any benefits which would place me under any contracts or obligations to the "United States government," unless such benefits are freely provided with no obligations of any kind, NO jurisdictional authority over me, or NO loss of personal sovereignty, and not limited to these alone.
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