This section builds on the content of section 4.11.3.7
earlier, where we talked about definitions of U.S. citizenship terms.
We state throughout this book that the definitions of terms used are
extremely important, and that when the government wants to usurp
additional jurisdiction beyond what the Constitution authorizes, it
starts by confusing and obfuscating the definition of key terms.
The courts then use this confusion and uncertainty to stretch their
interpretation of legislation in order to expand government jurisdiction,
in what amounts to “judge-made law”. This in turn transforms our
government of “laws” into a government of “men” in violation of the
intent of the Constitution (see Marbury v. Madison,
5 U.S. 137 (1803)). You will see in this section how this
very process has been accomplished with the citizenship issue.
The purpose of this section is therefore to:
- Provide definitions of the key and more common terms used both
by the Federal judiciary courts and the Legislative branch in Title
8 so that you will no longer be deceived.
- Show you how the government and the legal profession have obfuscated
key citizenship terms over the years to expand their jurisdiction
and control over Americans beyond what the Constitution authorizes.
The main prejudicial
and usually invisible presumption that governments, courts and judges
make which is most injurious to your rights is the association between
the words “citizen” and “citizenship” with the term “domicile”.
Whenever either you or the government uses the word “citizen”, they
are making the following presumptions:
- That you maintain a domicile within their civil legislative
jurisdiction. This means that if you are in a federal court,
for instance, that you have a legal domicile on federal territory
and not within the exclusive jurisdiction of any state of the Union.
- That you owe allegiance to them and are required as part of
that allegiance to pay them “tribute” for the protection they afford.
- That you are qualified to participate in the affairs of the
government as a voter or jurist, even though you may in fact not
participate at that time.
The following legal authorities conclusively establish
that the terms “citizen”, “citizenship”, and “domicile” are synonymous
in federal courts. They validate all of the above conclusive presumptions
that government employees, officer, and judges habitually make when
you appear before them or submit a government form to them, unless you
specify or explain otherwise. Government employees, officers,
and judges just HATE to discuss or document these presumptions, which
is why authorities to prove their existence are so difficult to locate.
“Domicile
and citizen are synonymous in federal courts, Earley
v. Hershey Transit Co., D.C. Pa., 55 F.Supp. 981, 982; inhabitant,
resident and citizen are synonymous, Standard Stoker Co. v. Lower,
D.C.Md., 46 F.2d 678, 683.”
[Black’s Law Dictionary, Fourth Edition, p. 311]
The terms "citizen" and "citizenship" are distinguishable
from "resident" or "inhabitant." Jeffcott v. Donovan, C.C.A.Ariz.,
135 F.2d 213, 214; and from "domicile," Wheeler v. Burgess, 263
Ky. 693, 93 S.W.2d 351, 354; First Carolinas Joint Stock Land Bank
of Columbia v. New York Title & Mortgage Co., D.C.S.C., 59 F.2d
35j0, 351. The words
"citizen" and citizenship," however, usually include the idea of
domicile, Delaware, L.&W.R.Co. v. Petrowsky, C.C.A.N.Y., 250 F.
554, 557; citizen inhabitant and resident often synonymous,
Jonesboro Trust Co. v. Nutt, 118 Ark. 368, 176 S.W. 322, 324; Edgewater
Realty Co. v. Tennessee Coal, Iron & Railroad Co., D.C.Md., 49 F.Supp.
807, 809; and citizenship and domicile are often synonymous.
Messick v. Southern Pa. Bus Co., D.C.Pa., 59 F.Supp. 799, 800.
[Black’s Law Dictionary, Fourth Edition, p. 310]
"Citizenship and domicile are
substantially synonymous. Residency and inhabitance are too often
confused with the terms and have not the same significance.
Citizenship implies more than residence. It carries with it
the idea of identification with the state and a participation in
its functions. As a citizen, one sustains social, political,
and moral obligation to the state and possesses social and political
rights under the Constitution and laws thereof. Harding v.
Standard Oil Co. et al. (C.C.) 182 F. 421; Baldwin v. Franks, 120
U.S. 678, 7 S.Ct. 763, 32 L.Ed. 766; Scott v. Sandford, 19 How.
393, 476, 15 L.Ed. 691."
[Baker v. Keck, 13 F.Supp. 486 (1936)]
"The
term ‘citizen‘, as used in the Judiciary Act with reference to the
jurisdiction of the federal courts, is substantially synonymous
with the term ‘domicile‘.
Delaware, L. & W.R. Co. v. Petrowsky, 2 Cir., 250 F. 554, 557."
[Earley v. Hershey Transit Co., 55 F.Supp. 981, D.C.PA. (1944)]
No person, may be compelled to choose a domicile
or residence ANYWHERE. By implication, no one but you can commit
yourself to being a “citizen” or to accepting the responsibilities or
liabilities that go with it.
“The rights of
the individual are not derived from governmental agencies,
either municipal, state or federal, or even from the Constitution.
They exist inherently in
every man, by endowment of the Creator, and are merely reaffirmed
in the Constitution, and restricted only to the extent that they
have been voluntarily surrendered by the citizenship to the agencies
of government. The people's rights are not derived from
the government, but the government's authority comes from the people.*946
The Constitution but states again these rights already existing,
and when legislative encroachment by the nation, state, or municipality
invade these original and permanent rights, it is the duty of the
courts to so declare, and to afford the necessary relief. The fewer
restrictions that surround the individual liberties of the citizen,
except those for the preservation of the public health, safety,
and morals, the more contented the people and the more successful
the democracy.”
[City of Dallas v Mitchell, 245 S.W. 944 (1922)]
“Citizenship” and “residence”, as has often been declared
by the courts, are not convertible terms. ... ”The better opinion
seems to be that a citizen of the United States is, under the amendment
[14th], prima facie a citizen of the state wherein he resides ,
cannot arbitrarily be excluded therefrom by such state, but that
he does not become a
citizen of the state against his will, and contrary to his purpose
and intention to retain an already acquired citizenship elsewhere.
The amendment [14th]
is a restraint on the power of the state, but not on the right of
the person to choose and maintain his citizenship or domicile”“.
[Sharon v. Hill, 26 F. 337 (1885)]
Since “citizen”, “citizenship”, and “domicile”
are all synonymous, then you can only be a “citizen” in ONE place at
a time. This is because you can only have a “domicile” in one
place at a time.
"domicile.
A person's legal home. That place where a man has his
true, fixed, and permanent home and principal establishment,
and to which whenever he is absent he has
the intention of
returning. Smith v. Smith, 206 Pa.Super. 310m 213 A.2d 94.
Generally, physical presence within a state and
the intention
to make it one's home are the requisites of establishing a "domicile"
therein. The permanent residence of a person or the place
to which he intends
to return even though he may actually reside elsewhere.
A person may have more than one residence but only one domicile.
The legal domicile of
a person is important since it, rather than the actual residence,
often controls the jurisdiction of the taxing authorities and determines
where a person may exercise the privilege of voting and other legal
rights and privileges."
[Black’s Law Dictionary, Sixth Edition, p. 485]
The implications of this revelation are significant.
It means that in relation to the state and federal governments and their
mutually exclusive territorial jurisdictions, you can only be a statutory
“citizen” of one of the two jurisdictions at a time. Whichever
one you choose to be a “citizen” of, you become a “national but not
a citizen” in relation to the other. You can therefore be subject
to the civil laws of only one of the two jurisdictions at a time.
Whichever one of the two jurisdictions you choose your domicile within
becomes your main source of protection.
Choice of domicile is an act of political affiliation protected by
the First Amendment prohibition against compelled association:
Just as there is freedom to speak, to associate, and to believe,
so also there is freedom not to speak, associate, or believe
"The right to speak and the right to refrain from speaking [on
a government tax return, and in violation of the
Fifth Amendment
when coerced, for instance] are complementary
components of the broader concept of 'individual freedom of mind.''
Wooley v. Maynard, [430 U.S. 703]
(1977)
. Freedom of conscience dictates that no individual
may be forced to espouse ideological causes with which he disagrees:
"[A]t the heart of the
First Amendment is
the notion that the individual should be free to believe as he will,
and that in a free society one's beliefs should be shaped by his
mind and by his conscience rather than coerced by the State [through
illegal enforcement of the revenue laws]."
Abood v. Detroit Board of Education
[431 U.S. 209] (1977)
Freedom from compelled
association is a vital component of freedom of expression.
Indeed, freedom from compelled association illustrates
the significance of the liberty or personal autonomy model of the
First Amendment.
As a general constitutional
principle, it is for the individual and not for the state to choose
one's associations and to define the persona which he holds out
to the world.
[First
Amendment Law, Barron-Dienes, West Publishing, ISBN
0-314-22677-X, pp. 266-267]
Beyond the above authorities,
we then tried to locate credible legal authorities that explain the
distinctions between the constitutional context and the statutory context
for the term “United States”. The basic deception results from
the following:
- The differences
in meaning of the term “United States” between the U.S. Constitution
and federal statutes. The term “United States”
in the Constitution means “United States”
the country,
while in federal statutes, the term “United States” means the
federal zone.
- Differences between
citizenship definitions found in Title 8, the Aliens and Nationality
Code, and those found in Title 26, the Internal Revenue Code.
The term “nonresident alien” as used in Title 26, for instance,
does not
appear anywhere in Title 8 but is the equivalent of the term “non-citizen
national” found in
8 U.S.C.
§1101(a)(21).
- Differences between
statutory citizenship definitions and the language of the courts.
The language of the courts is independent from the statutory
definition so that it is difficult to correlate the term the courts
are using and the related statutory definition. We will include
in this section separate definitions for the statutes and the courts
to make these distinctions clear in your mind.
We will start off
by showing that no authoritative definition of the term “citizen of
the United States” existed before the Fourteenth Amendment was ratified
in 1868. This was revealed in the
Slaughter-House Cases,
83 U.S. (16 Wall.) 36; 21 L.Ed. 394 (1873):
“The 1st clause of the 14th article
was primarily intended to confer citizenship of the United States
and citizenship of the states, and it recognizes the distinction
between citizenship of a state and citizenship of the United States
by those definitions.
“The 1st section of the 14th article,
to which our attention is more specifically invited, opens with
a definition of citizenship—not only citizenship of the United States,
but citizenship of the states. No such definition was previously
found in the Constitution, nor had any attempt been made to define
it by act of Congress. It had been the occasion of much discussion
in the courts, by the executive departments and in the public journals.
It had been said by eminent
judges that no man was a citizen of the United States except as
he was a citizen of one of the state comprising the Union.
Those, therefore, who had been born and resided always in the District
of Columbia or in the territories, though within the United States,
were not citizens.”
[…]
“To remove this difficulty primarily, and to establish
a clear and comprehensive definition of citizenship which should
declare what should constitute citizenship of the United States
and also citizenship of a state, the 1st clause of the
1st section [of the Fourteenth Amendment] was framed:
‘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 first observation we have to make on this clause is that
it puts at rest both the questions which we stated to have been
the subject of differences of opinion. It declares that persons
may be citizens of the United States without regard to their citizenship
of a particular state, and it overturns the Dred Scott decision
by making all persons born within the United States and subject
to its jurisdiction citizens of the United States. That its
main purpose was to establish the citizenship of the negro can admit
of no doubt. The phrase ‘subject to its jurisdiction” was
intended to exclude form its operation children of ministers, consuls
and citizens or subjects of foreign states born within the United
States.”
”The next observation is more important in view of the arguments
of counsel in the present case. It is that the distinction
between citizenship of the United States and citizenship of a state
is clearly recognized and established. Not only may a man
be a citizen of the United States without being a citizen of a state,
but an important element is necessary to convert the former into
the latter. He must reside within the state to make him a
citizen of it but it is only necessary that he should be born or
naturalized in the United States to be a citizen of the Union.
"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.”
[Slaughter-House Cases,
83 U.S. (16 Wall.) 36; 21 L.Ed. 394 (1873)]
A careful reading
of Boyd v. Nebraska, 143 U.S. 135 (1892) helps clarify the true
meaning of the term “citizen of the United States” in the context of
the U.S. Constitution and the rulings of the U.S. Supreme Court.
It shows that a “citizen of the United States” is indeed a “national
of the United States” in the context of federal statutes only:
"Mr. Justice Story, in his Commentaries on the Constitution,
says: 'Every citizen
of a state is ipso facto a citizen of the [143 U.S. 135, 159]
United States.' Section 1693. And this is the view expressed
by Mr. Rawle in his work on the Constitution. Chapter 9, pp. 85,
86. Mr. Justice CURTIS, in Dred Scott v. Sandford, 19 How. 393,
576, expressed the opinion that under the constitution of the United
States 'every free person, born on the soil of a state, who is
a citizen of that state by force of its constitution or laws, is
also a citizen of the United States.' And Mr. Justice SWAYNE,
in The Slaughter-House Cases, 16 Wall. 36, 126, declared that
'a citizen of a state is ipso facto a citizen of the United States.'
But in Dred Scott v. Sandford, 19 How. 393, 404, Mr. Chief Justice
TENEY, delivering the opinion of the court, said: '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 this sovereignty. ...
In discussing this question, we must not confound the rights of
citizenship which a state may confer within its own limits and the
rights of citizenship as a member of the Union. It does
not by any means follow, because he has all the rights and privileges
of a citizen of a state, that he must be a citizen of the United
States. He may have all of the rights and privileges of the citizen
of a state, and yet not be entitled to the rights and privileges
of a citizen in any other state; for, previous to the adoption of
the constitution of the United States, every state had the undoubted
right to confer on whomsoever it pleased the character of citizen,
and to endow him with all its rights. But this character, of course,
was confined to the boundaries of the state, and gave him no rights
or privileges in other states beyond those secured to him by the
laws of nations and the comity of states. Nor have the several states
surrendered the power of conferring these rights and privileges
by adopting the constitution of the United States. Each state may
still confer them upon an alien, or any one it thinks proper, or
upon any class or description of persons; yet he would not be a
citizen in the sense in [143 U.S. 135, 160] which that
word is used in the constitution of the United States, nor entitled
to sue as such in one of its courts, nor to the privileges and immunities
of a citizen in the other states. The rights which he would acquire
would be restricted to the state which gave them. The constitution
has conferred on congress the right to establish a uniform rule
of naturalization, and this right is evidently exclusive, and has
always been held by this court to be so. Consequently no state,
since the adoption of the constitution, can, by naturalizing an
alien, invest him with the rights and privileges secured to a citizen
of a state under the federal government, although, so far as the
state alone was concerned, he would undoubtedly be entitled to the
rights of a citizen, and clothed with all the rights and immunities
which the constitution and laws of the state attached to that character.'
“
[Boyd v. Nebraska,
143 U.S. 135 (1892)]
Notice above that
the term “citizen of the United States” and “rights of citizenship as
a member of the Union” are described synonymously. Therefore,
a “citizen of the United States” under the Fourteenth Amendment, section
1 and a “non-citizen national” under
8 U.S.C. §1101(a)(21)
and 8 U.S.C.
§1452 are synonymous. As you will see in the following cite,
people who were born in a state of the Union always were “citizens of
the United States” by the definition of the U.S. Supreme Court, which
made them “nationals of the United States” under federal statutes.
What the Fourteenth Amendment did was extend the privileges and immunities
of “nationals of the United States” (defined under federal statutes)
to those persons who were born in the District of Columbia and other
federal territories. The cite below helps confirm this:
“The 1st section of the 14th article
[Fourteenth Amendment], to which our attention is more specifically
invited, opens with a definition of citizenship—not only citizenship
of the United States, but citizenship of the states. No
such definition was previously found in the Constitution, nor had
any attempt been made to define it by act of Congress.
It had been the occasion of much discussion in the courts, by the
executive departments and in the public journals. It had
been said my eminent judges that no man was a citizen of the United
States except as he was a citizen of one of the states composing
the Union. Those therefore, who had been born and resided
always in the District of Columbia or in the territories, though
within the United States, were not citizens. Whether this
proposition was sound or not had never been judicially decided.”
[Slaughter-House Cases,
83 U.S. (16 Wall.) 36; 21 L.Ed. 395 (1873)]
We explained earlier in section 4.11.3
that the federal courts and especially the Supreme Court have done their
best to confuse citizenship terms and the citizenship issue so that
most Americans would be unable to distinguish between “U.S. national”
and “U.S. citizen” status found in federal statutes. This deliberate
confusion has then been exploited by collusion of the Executive Branch,
who have used their immigration and naturalization forms and publication
and their ignorant clerk employees to deceive the average American into
thinking they are “U.S. citizens” in the context of federal statutes.
Based on our careful reading of various citizenship cases mainly from
the U.S. Supreme Court, Title 8 of the U.S. Code, Title 26 of the U.S.
Code, as well as Black’s Law Dictionary, Sixth Edition, below are some
citizenship terms commonly used by the court and their correct and unambiguous
meaning in relation to the statutes found in Title 8, which is the Aliens
and Nationality Code:
Table 4-11: Citizenship terms used by the Supreme Court
|
# |
Term |
Context |
Meaning |
Authorities |
Notes |
|
1 |
“nation” |
Everywhere |
In the context of the United States*** of America, a state of
the union. The federal government and all of its possessions
and territories are
not collectively
a “nation”. The “country” called the “United States*”
is a “nation”, but our federal government and its territories
and possessions are
not collectively
a “nation”. |
1. Chisholm v. Georgia, 2 Dall. (U.S.) 419, 1 L.Ed.
440 (1793)
2. Black’s Law Dictionary, revised Fourth Edition, 1968,
p. 1176 under “National Government”.
3. Hooven
and Allison Co. v. Evatt, 324 U.S. 652 (1945).
|
The “United States*** of America” is a “federation” and not
a “nation”. Consequently, our government is called a “federal
government” rather than a “national government”. See section
4.6 of Great IRS Hoax for further explanation. |
|
2 |
“national” or
”non-citizen National” |
Everywhere |
“national” is a person born abroad, or in one of the 50 union
states and not in the federal zone or an outlying possession
or territory of the United States**. All “nationals” owe
their permanent allegiance to the “United States***” under 8
U.S.C. §1101(a)(22)(B). Usually, either one or both of
their parents are also “Nationals”. |
1. 8 U.S.C. §1408.
2. 8 U.S.C. §1101(a)(22)(B).
3. 8 U.S.C. §1452.
4. 8 U.S.C. §1101(a)(22).
5.
3C Am Jur 2d §2732-2752: Noncitizen nationality
|
We could find no mention of the term “U.S. national ” by the
Supreme Court. We were told that this term was first introduced
into federal statues in the 1930’s. |
|
3 |
“naturalization” |
Everywhere |
The process of conferring
nationality
and “national”
status only,
but not “U.S. citizen” status. |
1. 8 U.S.C. §1101(a)(23): “The term ‘'naturalization’'
means the conferring of
nationality
[NOT "citizenship" or "U.S. citizenship", but "nationality",
which means "national
"] of a
state [of
the union] upon a person after birth, by any means whatsoever.”
2. Black’s Law Dictionary,
Sixth Edition, page 1063 under “naturalization”.
|
The U.S. Citizenship and Immigration Services (USCIS) is responsible
for naturalization in the United States*** of America.
Their “Application for naturalization”, Form N-400, only uses
the term “U.S. citizen” and
never mentions
“national ”. On this form, the term “U.S. citizen” must
therefore mean “national ” in the context of this form based
on the definition of “naturalization”, but you can’t tell because
the form doesn’t refer to a definition of what “U.S. citizen”
means. |
|
4 |
“expatriation” |
Everywhere |
“The voluntary renunciation or abandonment of
nationality
[not “U.S. citizenship” or “citizen of the United States***”
status] and allegiance.” |
1. Perkins v. Elg,
307 U.S. 325, 59 S.Ct. 884, 83 L.Ed. 1320 (1939)
2. 8 U.S.C. §1401.
3. 8 U.S.C. §1101(a)(22).
|
Renouncing one’s statutory “citizen of the United States**”
status and reverting to a “national XE "CITIZENSHIP:national"
” is not “expatriation”, because both “citizens of the United
States**” and “nationals but not citizens” are “nationals of
the United States**” under 8 U.S.C. §1401 and 8 U.S.C. §1101(a)(22). |
|
5 |
“citizenship” |
Everywhere |
Persons with a legal domicile within the jurisdiction of a sovereign
and who were born SOMEWHERE within the country, although not
necessarily within that specific jurisdiction.. |
1. Perkins v. Elg,
307 U.S. 325, 59 S.Ct. 884, 83 L.Ed. 1320 (1939)
2. 8 U.S.C.A. §1401,
Notes. See note 1 below.
3. Slaughter-House
Cases, 83 U.S. (16 Wall.) 36, 21 L.Ed. 394 (1873)
4.
3C Am Jur 2d §2732-2752: Noncitizen nationality
|
Perkins v. Elg, 307 U.S. 325 (1939) says: “To cause
a loss of citizenship in the absence of treaty or
statute having that effect, there must be a voluntary action
and such action cannot be attributed to an infant whose removal
to another country is beyond his control and who during minority
is incapable of a binding choice. By the Act of July 27,
1868, Congress declared that ‘the right of expatriation is a
natural and inherent right of all people”. Expatriation
is the voluntary renunciation or abandonment of nationality
and allegiance.” This implies that “loss of citizenship”
and “expatriation”, which is “loss of nationality” are equivalent.
Slaughter-House Cases, 83 U.S. 36 (1873) says:
“The next observation is more important in view of the arguments
of counsel in the present case. It is that the distinction
between citizenship of the United States[***] and citizenship
of a state is clearly recognized and established [by the Fourteenth
Amendment TA \s "Fourteenth Amendment" ]. Not only
may a man be a citizen of the United States[***] without being
a citizen of a state, but an important element is necessary
to convert the former into the latter.
He must reside within
the state to make him a citizen of it but it is not necessary
that he should be born or naturalized in the [country] United
States[***] to be a citizen of the Union.
“It is quite clear, then, that there is a citizenship [nationality]
of the United States[***], and a citizenship [nationality]of
a state, which are distinct from each other and which depend
upon different characteristics or circumstances of the individual.”
|
|
6
|
“citizen” used alone
and without the term “U.S.**” in front or “of the United States**”
after it |
1. U.S.*** Constitution
2. U.S.** Supreme
Court rulings
|
A “national of the United States**” in the context of federal
statutes or a “citizen of the United States***” in the context
of the Constitution or state statutes unless specifically identified
otherwise.
|
1. See Minor v. Happersett, 88 U.S. 162 (1874):
Citizen is now
more commonly employed, however, and as it has been considered
better suited to the description of one living under a republican
government, it was adopted by nearly all of the States upon
their separation from Great Britain, and was afterwards adopted
in the Articles of Confederation and in the Constitution of
the United States[***]. When used in this sense it is understood
as conveying the idea of membership of a nation, and nothing
more." [Minor v. Happersett,
88 U.S. 162 (1874)]
2. See also Boyd v. Nebraska, 143 U.S. 135 (1892)
, which says:
“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 this sovereignty. ..." [Boyd
v. State of Nebraska,
143 U.S. 135 (1892)]
|
1. To figure this out, you have to look up federal court
cases that use the terms “expatriation” and “naturalization”
along with the term “citizen” and use the context to prove the
meaning to yourself.
2. In 26 CFR § 1.1-1, the term “citizen” as used means
“U.S. citizen” rather than “national ”. The opposite is
true of Title 8 of the U.S.C. and most federal court rulings.
This is because of the definition of “United States**” within
Subtitle A of the Internal Revenue Code, which means the
federal zone only.
|
|
7 |
“citizen” used alone
and without the term “U.S.**” in front or “of the United States**”
after it |
State statues |
Person with a legal domicile within th exclusive jurisdiction
of a state of the Union who is NOT a “citizen” under federal
statutory law. |
Law of Nations,
Vattel, Section 212. |
Because states are “nations” under the law of nations and have
police powers and exclusive legislative jurisdiction within
their borders, then virtually all of their legislation is directed
toward their own citizens exclusively. See section 4.9
of the Great IRS Hoax TA \s "Great IRS Hoax" earlier for
further details on “police powers”. |
|
8 |
“citizen” used alone
and without the term “U.S.**” in front or “of the United States**”
after it |
Federal statutes including Title 26, the Internal Revenue Code
and Title 8, Aliens and Nationality |
Not defined anywhere in Title 8. Persons with a legal
domicile within the jurisdiction of a sovereign and who were
born SOMEWHERE within the country, although not necessarily
within that specific jurisdiction.. |
1. Defined in 26 CFR §31.3121(e)-1. See Note 2.
|
This term is
never defined anywhere in Title 8 but it is defined
in 26 CFR §31.3121(e) -1. You will see it most often on
government passport applications, voter registration, and applications
for naturalization. These forms
also
don’t define the meaning of the term nor do they equate it to
either “national ” or “citizen of the United States**”.
The person filling out the form therefore
must
define it himself on the form to eliminate the ambiguity or
be presumed incorrectly to be a “citizen of the United States***”
under section 1 of the 14th Amendment . |
|
9 |
“United States citizenship” |
Everywhere |
The status of being a “national ”. Note that the term
“U.S. citizen ” looks similar but not identical and is
not the
same as this term, and this is especially true on federal forms. |
See “citizenship”. |
Same as “citizenship”. |
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10 |
“citizens
of the United States” |
Everywhere |
A collection of people who are “nationals” and who in most cases
are not a “citizen of the United States**” or a “U.S.** citizen
” under “acts of Congress” or federal statutes unless at some
point after becoming “nationals”, they incorrectly declared
their status to be a “citizen of the United States**” under
8 U.S.C. §1401 or changed their domicile to federal territory. |
See “citizenship”. |
Note that the definition of “citizen of the United States” and
“citizens of the United States” are different. |
|
11 |
“citizen of the United States” |
Federal statutes
|
Persons with a legal domicile on federal territory that is no
part of the exclusive jurisdiction of any state of the Union.
Born SOMEWHERE within the country, although not necessarily
within that specific jurisdiction. |
1. 8 U.S.C.A. §1401.
2. 3C AmJur.2d §2689 (“U.S. citizen”).
3. 26 CFR §31.3121(e)-1.
4. United States v. Wong Kim Ark,
169 U.S. 649; 18 S.Ct. 456; 42 L.Ed. 890 (1898)
5. Cunard S.S. Co. v. Mellon, 262 U.S. 100, 43 S.Ct.
504 (1923)
|
Term “United States**” in federal statutes is defined as federal
zone so a “citizen of the United States**” is a citizen of the
federal zone only. According to the U.S. Supreme Court
in the Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 21 L.Ed.
394 (1873), this term was
not
defined before the ratification of the Fourteenth Amendment
TA \s "Fourteenth Amendment" in 1868. Section 1
of the 14th Amendment established the circumstances
under which a person was a “citizen of the United States***”.
Note that the terms “citizens
of the United States” and “citizen of the United States” are
nowhere made equivalent in Title 8, and we define “citizens
of the United States” above differently.
|
|
12 |
“citizen of the United States” |
State statutes
U.S. Supreme Court
Constitution
|
Person who maintains a legal domicile within the exclusive jurisdiction
of a state of the Union. A “national” and a “non-citizen
national” as defined in 8 U.S.C. §1101(a)(21) and 8 U.S.C.
§1452. |
1. 8 U.S.C. §1101(a)(21).
2. 8 U.S.C. §1101(a)(22)(B)
3. Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 21
L.Ed. 394 (1873)
4.
3C Am Jur 2d §2732-2752: Noncitizen nationality
|
8 U.S.C.A. §1401 notes indicates: “The basis of citizenship
in the United States[**] is the English doctrine under which
nationality
meant birth within allegiance to the king.” |
|
13 |
“citizen of the Union” |
Everywhere |
A “national of the United States***” or a “national” |
1. Slaughter-House Cases, 83 U.S. (16 Wall.)
36, 21 L.Ed. 394 (1873)
|
“Slaughter-House Cases, 83 U.S. 36 (1873) says:
“The next observation is more important in view of the arguments
of counsel in the present case. It is that the distinction
between citizenship of the United States[***] and citizenship
of a state is clearly recognized and established [by the Fourteenth
Amendment TA \s "Fourteenth Amendment" ]. Not only
may a man be a citizen of the United States[***] without being
a citizen of a state, but an important element is necessary
to convert the former into the latter.
He must reside within
the state to make him a citizen of it but it is not necessary
that he should be born or naturalized in the [country] United
States[***] to be a citizen of the Union.” |
|
14 |
“U.S. citizen” |
Title 26: Internal Revenue Code (which is a federal statute
or “act of Congress) |
Not defined anywhere in Title 8 that we could find. Defined
in 26 CFR §31.3121(e) -1, and there it means a person with a
domicile on federal territory that is not part of the exclusive
jurisdiction of any state of the Union. |
1. Defined in 26 CFR §31.3121(e) TA \s "26 CFR §31.3121(e)"
-1. See Note 2.
|
This term is
never defined anywhere in Title 8 but it is defined
in 26 CFR §31.3121(e)-1. You will see it most often on
government passport applications, voter registration, and applications
for naturalization. These forms
also
don’t define the meaning of the term nor do they equate it to
either “national” or “citizen of the United States**”.
The person filling out the form therefore
must
define it himself on the form to eliminate the ambiguity or
be presumed incorrectly to be a “citizen of the United States***”
under section 1 of the 14th Amendment. |
NOTES FROM THE ABOVE TABLE:
1. 8 U.S.C.A.
§1401 under “Notes”, says the following:
“The right of citizenship, as distinguished
from alienage, is a national right or condition, and it pertains to
the confederated sovereignty, the United States, and not to the individual
states. Lynch v. Clarke, N.Y.1844, 1 Sandf.Ch. 583”
“By ‘citizen of the state” is meant a
citizen of the United States whose domicile is in such state.
Prowd v. Gore, 1922, 207 P. 490, 57 Cal.App. 458”
“One who becomes citizen of United States
by reason of birth retains it, even though by law of another country
he is also citizen of it.”
“The basis of citizenship in the United
States is the English doctrine under which
nationality meant
birth within allegiance to the king.”
2. 26 CFR § 31.3121(e) defines “U.S. citizen” as follows:
26 CFR 31.3121 State, United States, and citizen.
(e)…The term 'citizen of the United States'
includes a citizen of the Commonwealth of Puerto Rico or the Virgin
Islands, and, effective January 1, 1961, a citizen of Guam or American
Samoa.
We put the term “U.S. citizen” last in the above table because we
would now like to expand upon it. We surveyed the election laws
of all 50 states to determine which states require persons to be either
“U.S. citizens” or “citizen of the United States” in order to vote.
The results of our study are found on our website below at:
If you look through all the state statutes on voting
above, you will find that only California, Indiana, Texas, Virginia,
and Wisconsin require you to be either a “U.S. citizen” or a “United
States citizen” in order to vote, and
none of these five
states even define in their election code what these terms mean!
26 other states require you to be a “citizen of the United States” and
don’t define that term in their election code either! This means
that a total of 31 of the 50 states positively require some type of
citizenship related to the term “United States” in order to be eligible
to vote and none of them define what it means. Because none of
the state election laws define the term, then the legal dictionary definition
applies. We looked in Black’s Law Dictionary, Sixth Edition and
found no definition for either “U.S. citizen” or “citizen of the United
States”. Therefore, we must rely
only on the common
definition rather than any legal definition. We then looked for
“U.S. citizen” or “citizen of the United States” in Webster’s Dictionary
and they weren’t defined there either. Then we looked for the
term “citizen” and found the following interesting definition in Webster’s:
“citizen. 1: an inhabitant of a
city or town; esp: one entitled to the rights and privileges
of a freeman. 2 a: a member of a state b:
a native or naturalized person who owes allegiance to a government
and is entitled to protection from it 3: a civilian as distinguished
from a specialized servant of the state—citizenry
syn CITIZEN, SUBJECT, NATIONAL mean a person owing
allegiance to and entitled to the protection of a sovereign state.
CITIZEN is preferred for one owing allegiance to a state in which
sovereign power is retained by the people and sharing in the political
rights of those people; SUBJECT implies allegiance to a personal
sovereign such as a monarch; NATIONAL designates one who may claim
the protection of a state and applies esp. to one living or traveling
outside that state.”
[Webster’s Ninth New Collegiate Dictionary, ISBN 0-87779-510-X,
p. 243]
Note in the above that the key to being a citizen
under definition 2(b) is the requirement for allegiance. The only
federal citizenship status that uses the term “allegiance” is that of
a “national” as defined in
8 U.S.C. §1101(a)(21)
and 8 U.S.C.
§1101(a)(22)(B) respectively. Consequently, we are
forced to conclude
that the generic term “citizen” and the statutory definition of “U.S.
citizen” in
8 U.S.C. §1401 are equivalent.
We also looked up the term “citizen” in Black’s Law Dictionary, Sixth
Edition and found the following:
“citizen. One who, under the
Constitution
and laws of the
United States, or of a particular state, is a member of the
political community,
owing allegiance and being
entitled to the enjoyment of full civil rights.
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.
U.S. Const., 14th Amend. See
Citizenship.
"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. Herriott v. City of Seattle, 81 Wash.2d 48, 500 P.2d
101, 109.
The term may include or apply to children of alien parents
from in United States, Von Schwerdtner v. Piper, D.C.Md., 23 F.2d
862, 863; U.S. v. Minoru Yasui, D.C.Or., 48 F.Supp. 40, 54; children
of American citizens born outside United States, Haaland v. Attorney
General of United States, D.C.Md., 42 F.Supp. 13, 22; Indians, United
States v. Hester, C.C.A.Okl., 137 F.2d 145, 147; National Banks,
American Surety Co. v. Bank of California, C.C.A.Or., 133 F.2d 160,
162; nonresident who has qualified as administratrix of estate of
deceased resident, Hunt v. Noll, C.C.A.Tenn., 112 F.2d 288, 289.
However, neither the United States nor a state is a citizen for
purposes of diversity jurisdiction. Jizemerjian v. Dept of
Air Force, 457 F.Supp. 820. On the other hand, municipalities
and other local governments are deemed to be citizens. Rieser
v. District of Columbia, 563 F.2d 462. A corporation is not
a citizen for purposes of privileges and immunities clause of the
Fourteenth Amendment. D.D.B. Realty Corp. v. Merrill, 232
F.Supp. 629, 637.
Under diversity statute [28
U.S.C. §1332], which mirrors
U.S. Const, Article III's diversity clause, a person is a "citizen
of a state" if he or she is a citizen of the United States and a
domiciliary of a state of the United States. Gibbons v. Udaras
na Gaeltachta, D.C.N.Y., 549 F.Supp. 1094, 1116.
[Black’s Law Dictionary, Sixth Edition, p. 244]
So the key requirement to be a “citizen” is to
“owe allegiance” to a political community according to Black’s Law Dictionary.
Under 8 U.S.C.
§1101(a)(21) and
8 U.S.C. §1101(a)(22)(B),
one can “owe allegiance” to the “United States” as a political community
only by being
a “national” without
being a statutory “U.S. citizen” or “citizen of the United States” as
defined in
8 U.S.C. §1401. Therefore, we must conclude once again, that
“citizen of the United States” status under federal statutes is a political
privilege
that few people are born into and most acquire by mistake or fraud or
both. Most of us are “non-citizen nationals” pursuant to 8 U.S.C.
§1101(a)(21) and
8 U.S.C. §1452
and constitutional or Fourteenth Amendment "Citizens" by birth and we
volunteer
to become statutory “citizens of the United States” under
8 U.S.C. §1401
by lying at worst or committing a mistake at best when we fill out federal
government forms. That process of misrepresenting our citizenship
status is how we “volunteer” to become “U.S. citizens” subject to federal
statutes, and of course our covetous government is more than willing
to overlook the mistake because that is how they manufacture “taxpayers”
and make people “subject” to their corrupt laws. Remember, however,
what the term “subject” means from Webster’s above under the definition
of the term “citizen”:
“SUBJECT implies allegiance to a personal sovereign such as
a monarch;”
[Webster’s Ninth New Collegiate Dictionary, ISBN 0-87779-510-X,
p. 243]
Therefore, to be “subject” to the federal government’s
legislation and statutes and “Acts of Congress” is to be
subservient to them,
which means that you voluntarily gave up your sovereignty and recognized
that they have now become your “monarch” and you are their “servant”.
You have turned the Natural Order and hierarchy of sovereignty described
in section 4.1 upside down and made yourself into a
voluntary slave,
which violates of the Thirteenth Amendment if your consent in so doing
was not fully informed and the government didn’t apprise you of the
rights that you were voluntarily giving up by becoming a “citizen of
the United States”.
"Waivers of Constitutional rights not only must be voluntary,
but must be knowing, intelligent acts done with sufficient awareness
of the relevant circumstances and likely consequences."
[Brady v. U.S.,
397 U.S. 742 (1970)]
In conclusion, because there isn’t even a common
definition of “citizen of the United States” or “U.S. citizen” in the
standard dictionary, then the definition of “U.S. citizen” in all the
state statutes and on all government forms is up to us! Therefore,
once again, whenever you fill out any kind of form that specifies either
“U.S. citizen” or “citizen of the United States”, you should be
very careful
to clarify that it means “national but not a citizen” under
8 U.S.C. §1101(a)(21)
and 8 U.S.C.
§1452 or you will be “presumed” to be a federal citizen and a statutory
and not constitutional “citizen of the United States” under
8 U.S.C. §1401,
and this is one of the biggest injuries to your rights that you could
ever inflict. Watch out folks! Here is the definition we
recommend that you use on any government form that uses these terms
that makes the meaning perfectly clear and unambiguous:
“U.S. citizen”
or “citizen of the United States”: A “national but not
a citizen” defined in
8 U.S.C.
§1101(a)(21) and
8 U.S.C.
§1452 who owes their allegiance to the confederation of states
called the “United States” but not to the government who serves
them. Someone who was not born in the federal “United States”
as defined in
8 U.S.C.
§1101(a)(38). See sections 4.11.6 and 4.11.9 of
the Great IRS Hoax book available for free downloading at:
http://famguardian.org/Publications/GreatIRSHoax/GreatIRSHoax.htm
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