Interestingly enough congress does not legislate for the
people
In Response To: Senate
Betrays America Again - Reportedly Passes NDAA for 2013 & STELLAR WIND
(Infoeditor)
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From TC on 12/28/2012 ************************************************************** Re: Senate Betrays America Again - Reportedly .... Interestingly enough congress does not legislate for the people Congress legislates for the federal territories and regulates commerce between the statse. that legislation for the federal territories need not be constitutional. Copy and past the following address. http://www.youtube.com/watch?feature=player_embedded&v=HuMmQX2TWoQ First is the issue of your being a citizen of the United States. Most everyone would seemingly agree that they are a “proud American” and therefore equally proud to be called a citizen of the United States. But how do the law and the Supreme Court define a United States citizen and most importantly the rights, privileges and immunities associated with being one. “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.”. United States v. Cruikshank, 92 US 542, (1875) “There is a clear distinction between national citizenship and state citizenship.” 256 P. 545, affirmed 278 US 123, Jordan v. Tashiro (1928)“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. “The privileges and immunities clause of the 14th Amendment protects very few rights because it neither incorporates the Bill of Rights, nor protects all rights of individual citizens. Instead this provision protects only those rights peculiar to being a citizen of the federal government; it does not protect those rights which relate to state citizenship.” Jones v. Temmer, 89 F. Supp 1226 Does the above comport with your pre-established notion that being a United States citizen is the best of all worlds regarding your rights, freedom and liberty. Did you even know there was such a thing as a state Citizen and it was different from being a U.S. citizen? Are you possibly shocked to know that as a 14th Amendment U.S. citizen, one does not have the protection of the Bill of Rights; in fact 14th Amendment U.S. Citizenship protects very few rights! Did the government employees teaching in the public schools ever teach you this! In the Constitution of the United States, the phrase "Citizen of the United States" appears. Because this phrase appears within a Constitution, not a statute, the meaning of the phrase is determined by the meaning intended by those who wrote and signed the Constitution. If the intended meaning is manifest, there is no power on earth, including that of a criminal in a black robe, which can alter the meaning of the phrase. The meaning of the phrase "Citizen of the United States" is well understood. That phrase is shorthand for the sentence, "All the Citizens of the 13 independent nations [called "states"] that are a party to this Constitution". The important element that you should understand is that the "Citizen of the United States" spoken of in the Constitution of the United States is more properly and accurately a Citizen of the state in which he lives. The phrase "Citizen of the United States" is actually a euphemism used for convenience and brevity, and not a legal title Is there a difference between the 'UNITED STATES' and the 'united States of America'? It becomes obviously necessary to know the definition of the United States so that jurisdiction can be determined. Lets see what the UNITED STATES congress has to say in, UNITED STATES Code title 28 section 1746 (1) and (2). USC Title 28 is JUDICIARY AND JUDICIAL PROCEDURE Code. § 1746. Unsworn declarations under penalty of perjury (1) If executed without the United States: ‘‘I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)’’. (2) If executed within the United States, its territories, possessions, or commonwealths: ‘‘I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’’. (Added Pub. L. 94–550, § 1(a), Oct. 18, 1976, 90 Stat. 2534.) >From this we can determine that perjury laws for the United States of America are different than the perjury laws for United States. To gain a more comprehensive comprehension of the definition of the 'UNITED STATES' we must look to some Supreme Court rulings. First lets look to the ruling in the case entitled, Hooven & Allison Co. V. Evatt, Tax Commissioner of Ohio, 324 U.S., 1944, the Court made the following statement, “the term ‘United States’ may be used in anyone of several senses. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations. It may designate the territory over which the sovereignty of the United States extends, or it may be the collective name of the states which are united by and under the Constitution.” First the term, 'United States' may be merely the name of a sovereign. We might ask just what is this thing that has the name United States and is Sovereign? For an answer we can look to: USC title 28 section 3002 subsection 15(A). TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 3002. Definitions (15) ‘‘United States’’ means— (A) a Federal corporation; . >From this examination we can see that this Sovereign with the name “United States” is a “Federal corporation”. And we can see that it is this corporation with the name 'United States' which has sovereignty which extends over the territory called 'United States' . And lastly in “Hooven & Allison Co. v, Evatt” it is stated that “it[United States] may be the collective name of the states which are united by and under the Constitution.” The States united by and under the constitution are separate and distinct in respect to the states united by the articles of confederation. So far we can see that: 1) United States is a “Federal corporation”; 2) United States is the name of the territory over which the corporation rules; 3) United States is the name of a group of territories united by and under the Constitution. Lets look for some verification of the definition of State. In the Internal Revenue Code (IRC) as of May 15, 1990, at section 3121(e), certain definitions are given. First, the term ‘State’ is defined as, “The term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.” Hey wait a minute I thought these were territories, not States, and what about Oregon, California and Idaho? Next, the definition of ‘United States’ is given as, “The term ‘United States’ when used in a geographical sense includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.” Here we notice that Oregon, California, Idaho and the other states are not 'included' in the definition of “United States” and therefore must be excluded. Could it be that Oregon ,California, Idaho and the other states are included in the united states of America, united by and under the articles of Confederation? Lets look to Blacks law first edition for the definition of “CONFEDERACY.” In international law. A league or agreement between two or more independent states whereby they unite for their mutual welfare and the furtherance of their common aims. The term may apply to a union so formed for a temporary or limited purpose, as in the case of an offensive and defensive alliance; but it is more commonly used to denote that species of political connection between two or more independent states by which a central government is created, invested with certain powers of sovereignty, (mostly external,) and acting upon the several component states as its units, which, however, retain their sovereign powers for domestic purposes and some others. See FEDERAL GOVERNMENT. CONFEDERATION. A league or compact for mutual support, particularly of princes, nations, or states. Such was the colonial government during the Revolution. F E D E R A L GOVERNMENT. The system of government administered in a state formed by the union or confederation of several independent or quasi independent states; also the composite state so formed. In strict usage, there is a distinction between a confederation and a, federal government. The former term denotes a league or permanent alliance between several states, each of which is fully sovereign and independent, and each of which retains its full dignity, organization, and sovereignty, though yielding to the central authority a controlling power for a few limited purposes, such as external and diplomatic relations. In this case, the component states are the units, with respect to the confederation, and the central government acts upon them, not upon the individual citizens. In a federal government, on the other hand, the allied states form a union,—not, indeed, to such an extent as to destroy their separate organization or deprive them of quasi sovereignty with respect to the administration of their purely local concerns, but so that the central power is erected into a true state or nation, possessing sovereignty both external and internal,— while the administration of national affairs is directed, and its effects felt, not by the separate states deliberating as units, but by the people of all, in their collective capacity, as citizens of the nation. The distinction is expressed, by the German writers, by the use of the two words "Staatenbund" and "Bundesstaat;" the former denoting a league or confederation of states, and the latter a federal government, or state formed by means of a league or confederation. It can be found in the 'Declaration of Independence' (Adopted by Congress on July 4, 1776) “The Unanimous Declaration of the Thirteen United States of America” and “We, therefore, the representatives of the United States of America, in General Congress, assembled,appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonies, solemnly publish and declare, that these united colonies are, and of right ought to be free and independent states; that they are absolved from all allegiance to the British Crown, and that all political connection between them and the state of Great Britain, is and ought to be totally dissolved; and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honor.” >From this we can conclude that each state(United States of America) is free and independent and are known as the United States of America (independent republic nation states). Whereas the United states (territories) are not. Now refer to the articles of confederation: Article I. The Stile of this Confederacy shall be "The United States of America." Article II. Each state [The United States of America] retains its sovereignty, freedom, and independence, and every Power, Jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled. [emphisis mine] Again we see the difference between The United States of America and the United States. Now for further insight lets look to US supreme court ruling in Howard v. Sinking Fund of Louisville, There has been created a fictional Federal “State within a state”. See Howard v. Sinking Fund of Louisville, 344 U.S. 624, 73 S.Ct. 465, 476, 97 L.Ed. 617 (1953); Schwartz v. O’Hara TP. School Dist., 100 A. 2d. 621, 625, 375 Pa. 440. (Compare also 31 C.F.R. Parts 51.2 and 52.2, which also identify a fictional State within a state.) This fictional “State” is identified by the use of two-letter abbreviations like “CA”, “AZ” and “TX”, as distinguished from the authorized abbreviations like “Calif.”, “Ariz.” and “Tex.”, etc. This fictional State also uses ZIP codes which are within the municipal, exclusive legislative jurisdiction of Congress. Now for a little more insight lets look to: " Eisenberg v. Commercial Union Assurance Co., 189 F.Supp. 500 (1960) "It is to be noted that the statute differentiates between States of the United States and foreign states by the use of a capital S for the word when applied to a State of the United States." Eisenberg v. Commercial Union Assurance Co., 189 F.Supp. 500 (1960) Now for a little more insight lets look to: 4 U.S.C.S. Sec. 110(d) Notice here that the United states of america are foreign to the United States. Evidence that the UNITED STATES is foreign in respect to united States of America is is found in the 5 points as follows: (1) December 26th 1933 49 Statute 3097 Treaty Series 881 (Convention on Rights and Duties of States) stated CONGRESS replaced STATUTES with international law, placing all States under international law. (2) December 9th 1945 International Organization Immunities Act relinquished every public office of the United States to the United Nations. (3) 22 CFR 92.12-92.31 FR Heading “Foreign Relationship” states that an oath is required to take office. (4) Title 8 USC 1481 stated once an oath of office is taken citizenship is relinquished, thus you become a foreign entity, agency, or state. That means every public office is a foreign state, including 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. 4 U.S.C.S. Sec. 110(d). The term “State” includes any Territory or possession of the United States. ( Note: the use of the capital “S” in “State” is reference to the designated territorial “States” and possessions held by the Corporate “United States”.) TITLE 2-- CHAPTER 14 Sec. 431. Definitions (12) The term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. Further proof of the foreign status of the United States is found at: The issues as to whether there are different meanings for the term "United States", and whether there are three different "United States" operating within the same geographical area, and one "United States" operating outside the Constitution over its own territory (in which it has citizens belonging to said "United States"), were settled in 1901 by the Supreme Court in the cases of De Lima v. Bidwell, 182 U.S. 1 and Downes v. Bidwell, 182 U.S. 244. In Downes supra, Justice Harlan dissented as follows: The idea prevails with some -- indeed, it found expression in arguments at the bar -- that we have in this country substantially or practically two national governments; one, to be maintained under the Constitution, with all its restrictions; the other to be maintained by Congress outside and independently of that instrument, by exercising such powers as other nations of the earth are accustomed to exercise. [Downes supra, page 380, emphasis added] He went on to say, on page 382: It will be an evil day for American liberty if the theory of a government outside of the supreme law of the land finds lodgment in our constitutional jurisprudence. No higher duty rests upon this court than to exert its full authority to prevent all violation of the principles of the Constitution. [Downes supra, page 382, emphasis added] Quoting Fourteen Diamond Rings v. United States, 183 U.S. 176; cf. De Lima v. Bidwell, 182 U.S. 1; Dooley v. United States, 182 U.S. 222; Faber v. United States, 221 U.S. 649; cf. Huus v. New York & P.R.S.S. Co., 182 U.S. 392; Gonzales v. Williams, 192 U.S. 1; West India Oil Co. v. Domenech, 311 U.S. 20. Two national governments (1) united States of America and (2) United States. Title 18 U.S.C. § 7 specifies that the territorial jurisdiction of the United States extends only outside the boundaries of lands belonging to any of the 50 states, and Title 40 U.S.C. § 255 specifies the legal conditions that must be fulfilled for the United States government to have exclusive or shared jurisdiction within the area of lands belonging to the States of the Union. TITLE 1--GENERAL PROVISIONS CHAPTER 1--RULES OF CONSTRUCTION Sec. 2. ``County'' as including ``parish'', and so forth The word ``county'' includes a parish, or any other equivalent subdivision of a State or Territory of the United States. (July 30, 1947, ch. 388, 61 Stat. 633.) "The US Government Incorporated as a for-profit commercial enterprise in the legislative act of February 21st of 1871; 41st Congress Session 3, Chapter 62 page 419 and charted a federal company entitled 'United States, i.e. United States AKA US Incorporated, a commercial agency originally designated as Washington D.C.; in accordance with the so-called 14th Amendment, which the records indicate was never ratified. The iron-fist government is a foreign corporation with respect to the state." “Foley Brothers, Inc. v. Filardo, 336 U.S. 281 (1949).” (U.S. regulations apply only within the U.S. territories and the District of Columbia. “It is a well established principle of law that all federal regulation applies only within the territorial jurisdiction of the United States unless a contrary intent appears.”) “Caha v. US, 152 U.S. 211 (1894)” (U.S. regulations apply only within the U.S. territories and the District of Columbia. “The laws of Congress in respect to those matters [outside of Constitutionally delegated powers] do not extend into the territorial limits of the states, but have force only in the District of Columbia, and other places that are within the exclusive jurisdiction of the national government.”) The Government by becoming a corporator (See: 28 USC § 3002(15)(A)(B)(C), 22 USCA 286(e) lays down its sovereignty and takes on that of a private citizen, it can exercise no power which is not derived from the corporate charter. (See: The Bank of the United States vs. Planters Bank of Georgia. 6 L Ed.(Wheat) U.S. vs. Burr. 309 U.S. 242). The REAL PARTY IN INTEREST is not the de jure "United States of America" or "State", but "The Bank" and "The Fund". (22 USCA 286, et seq.). The acts committed under fraud, force and seizure are many times done under "Letters of Marque and . Reprisal" i.e. "recapture." (See: 31 USCA 5323). such principles as "Fraud and Justice never dwell together.” Wingate's Maxims, 680. and, "A right of action cannot arise out of fraud." Call the Secretary of State and order a certified true copy of the US constitution. Notice that this US constitution was adopted in 1871. This is actually a constitution for the Government of the District of Columbia. The municipality act of 1871,forming a corporation for the Government of the District of Columbia. Also order a copy of IRS license to conduct business in Oregon. In the event the Secretary is unable to locate the license then a certificate of search and unable to locate. The FCC,CIA,FBI,NASA and all of the other alphabet gangs were never part of the United States government. Even though the “US Government” held shares of stock in the various Agencies. U.S. v Strang,254 US 491,Lewis v.US,680 F.2d,1239 ************************************************************** Posted in response to below article +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ : Senate Betrays America Again - Reportedly Passes NDAA for 2013 : & STELLAR WIND : In his article, 'December 28-31, 2012 -- Senate delivers fatal : end-of-term blow to Constitution', in the members' section : at : http://www.waynemadsenreport.com/articles/20121228 : Wayne Madsen describes the recent treachery of current U.S. : Senate as they reinvigorate the unlawful, unconstitutional : warrantless electronic spying and pass President Obama's : National Defense Authorization Act for 2013 which contains : the same illegal detention of U.S. citizens as in 2012. They're keeping the old warrantless surveillance authority : imposed by the Bush-Cheney administration under the FISA : Amendments Act of 2008, and not only that but quite a few : foreign countries will now have access to our emails, : personal data, phone calls, electronic texts and messages, : etc., as if Americans need another security hole for : foreign pedophiles to get at the kids through! : If a foreign pedophile or pedophile ring cannot access the : personal data of your kids through their own country they : can possibly now go through databases of England, Sweden, : Norway, Canada, Germany, Australia, and on and on to get : information on Americans and our families. : UGH. Devvy is right - they're a bunch of gutless cowards. http://www.rumormillnews.com/cgi-bin/forum.cgi?read=265292 |
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