--- In NASP@yahoogroups.com, Harry James <popsey11@...> wrote:
>
> ... could a man file into the county court a non-adversarial action
to ask the court these questions and obtain a court order in which the
court would recognize him as an American national born and domiciled
on the land as a "free inhabitant OF the state" as defined in the
Articles of Confederation and Perpetual Union?
>
JG: Your status at law is not a subject of law, nor of judicial power.
If I recall, most, if not all states explicitly state that they cannot
pass a law that affects your status at law. Only you can change that
status. Ergo, asking the court to issue an order regarding your status
would not make sense.
If you are attempting to deter an errant administrative agency from
violating your life, liberty or property because of mistaken belief
that you HAVE diminished your status at law, giving notice should be
sufficient.
For example, you wouldn't contact a Department store and complain that
you don't owe them anything unless they first ask you to pay.
Likewise, you would only have an objection to an agency when it has
made a determination that you owe them a duty, funds, or other
obligation that is in error.
" an American national born and domiciled on the land as a 'free
inhabitant OF the state' "
JG: An American national is the status of one born within the
boundaries of the U.S.A., of American parentage. The preposition "of"
can be construed to mean "belongs to". So it would not be beneficial
to be "of a state". A sovereign doesn't "belong to" the land. His
private property belongs to him.
Domiciled within the boundaries of a state, in union with 49 other
states, in the U.S.A., does not imply belonging to a state.
[Coincidentally, all government entities use the "____ of _____"
format to denote their jurisdiction and that they belong to the
geographic area. Ex: State of, City of, County of. The "State of
Virginia" corporate offices are located in Richmond, Virginia. It is a
common mistake to claim that one was "born in the State of ____".]
"An American national, free inhabitant, domiciled in [State]" would
pretty much cover all bases. It would rebut any presumption that
you're a transient, a resident, or otherwise without a legal home. And
if I am not mistaken, you would be ineligible to claim "U.S.
citizenship" due to your foreign domicile.
Also, you would not be eligible to participate in national socialism.
The Form SS-5 is only for "U.S. citizens" and "U.S. residents".
Anecdote : I knew of a man who migrated to the Netherlands, to play
professional basketball. He married a local girl, established his
domicile there, and was informed by the U.S. Embassy that he had lost
his U.S. citizenship - but not his nationality. He could no longer
vote, hold office, or perform civic duties associated with that
status. Boo hoo.
> If such a court order could be obtained would it not serve as
evidence of one's unalienable freedom of locomotion upon the common
ways that traffic officers and other government officials ought to
recognize. Could one not take such court order to the local police
and make them aware that it is hands off this sovereign inhabitant and
his absolute private property?
JG: You might file an ex parte action, in which you are the sole
party. You could include any correspondence with specific agencies who
were non-responsive to your request to correct the record, clarify
liable parties, identify property subject to their oversight, or other
related action.
For example, if you wished to establish that your private automobile
was not a "passenger auto", and you were not satisfied with the
response from the Department of Motor Vehicles (or whichever State
agency was involved), you could file a petition for a court order that
(a) your automobile is private property (established by a bill of sale
for no less than $21 dollars),
(b) no one has a superior claim (established by an affidavit from the
local newspaper in which you gave notice for any claimant to come
forward within 30 days, or forever waive his claims),
(c) you have the right to own (legal age, unencumbered, no unpaid
liens, fines, or judgments outstanding, etc).
Your reason for seeking a judicial remedy would be based on exhausting
your administrative remedy. Their lack of response to your inquiries,
notices, etc, etc. would establish that you have no administrative remedy.
Possible "exotic" solution:
[] After establishing a domicile, foreign to the United States federal
government, one might contact the State Department and petition for
auto tags that would "give notice" that you are a "foreign sovereign".
Pursuant to the Foreign Sovereign Immunities Act, the Federal
government would intervene on your behalf with any of the several
States who mistakenly violated your personal liberty (right of
locomotion).
FOREIGN SOVEREIGN IMMUNITIES ACT OF 1976
§ 1603. Definitions
For purposes of this chapter --
(a) A "foreign state", ...
(3) which is neither a citizen of a State of the United States
as defined in section 1332 (c) and (d) of this title, nor created
under the laws of any third country.
If I am not mistaken, an American national IS neither a citizen of a
State of the United States, nor of a citizenship created under the
laws of any third country, therefore is a "foreign state" with respect
to the States united and the United States in Congress assembled.
Of course, don't mess it up by claiming a federal address! Only
residents have domestic addresses. A residential address cannot be
applicable to a domicile (obviously!).
Use either General Delivery (non-domestic), or accept domestic mail,
care of another party's address.
Example:
John Doe
c/o Ministry of Silly Walks
P.O.Box 007
Your City, Your State, ZIP
Hope that helps.