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recent discussion of State Citizenship at the Yahoo! Group: TheFinePrint

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  • Supreme Law Firm
    ... From: Paul Andrew Mitchell To: SupremeLaw Sent: Wed, March 3, 2010 5:08:54 PM Subject: discussion
    Message 1 of 1 , Mar 3, 2010
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      ----- Forwarded Message ----
      From: Paul Andrew Mitchell <supremelawfirm@...>
      To: SupremeLaw <supremelaw@...>
      Sent: Wed, March 3, 2010 5:08:54 PM
      Subject: discussion of State Citizenship at the Yahoo! Group: TheFinePrint

      http://groups.yahoo.com/group/TheFinePrint/?yguid=196821986

      > That is the ultimate result of a Christian trying to 'vote'.
      > the selecting of the lesser of two evils is still evil.
      > Of course you can always write in your candidate...


      You're making a very good point about selecting evil, either way;
      but, you're still missing a very fundamental point of Law here:

      Permitting federal citizens to vote and serve on juries,
      while NOT permitting State Citizens to vote or serve on juries,
      is an obvious violation of Equal Protection of the Law.

      That fundamental Right is guaranteed by 2 Human Rights Treaties:

      http://www.supremelaw.org/cc/sanmarco/lawmemo.htm
      (see cites re: equal protection)

      To be eligible to vote anywhere in America at the
      present time, one must execute a Voter Registration
      Affidavit affirming, under penalty of perjury,
      that the voter is a federal citizen aka
      "citizen of the United States":

      http://www.supremelaw.org/cc/obama/third.circuit/subpoena/letter.to.consul.general.htm

      http://www.supremelaw.org/ref/dict/federal.citizenship.htm

      For confirmation, confer at the voter and juror
      eligibility statutes at the State and Federal levels
      e.g. this pleading exposes that same flaw in the
      Federal Jury Selection and Service Act in Title 28
      of the U.S. Code:

      http://www.supremelaw.org/cc/gilberts/opening.htm#topic-a
      (also negates Federal "grand juries" for discriminating against
      State Citizens, contrary to the policy at 28 U.S.C. 1861:)

      http://www4.law.cornell.edu/uscode/28/1861.html

      "... all citizens shall have the opportunity to be considered
      for service on grand and petit juries in the district courts
      of the United States ....



      More pertinent cases are cited and quoted here:

      http://www.supremelaw.org/rsrc/twoclass.htm 
      (see all links at the very end)

      Before the Internet, it took a very VERY long time
      to locate ANY cases which held, correctly, that we
      have two (2) classes of citizens in America,
      not one (1) class.


      This case is particularly definitive, and dispositive:

      ... citizens  of the  District of  Columbia were  not granted the
      privilege of  litigating in  the federal  courts on the ground of
      diversity of  citizenship.   Possibly no  better reason  for this
      fact exists  than  such citizens were  not  thought of  when  the
      judiciary article  [III] of the federal Constitution was drafted.

      ... citizens of the United States** ... were also not thought of;
      but in  any event  a citizen of the United States**, who is not a
      citizen of any state, is not within the language of the [federal]
      Constitution.

                                  [Pannill v. Roanoke, 252 F. 910, 914]
                                                       [emphasis added]



      Excuse me: please see the Supremacy Clause
      for a list of laws which comprise the
      "supreme Law of the Land" in America:

      http://www.supremelaw.org/ref/whuscons/whuscons.htm#6:2


      There is legally an AUTOMATIC STAY now in effect,
      due to the official DECLARATION OF INSOLVENCY filed
      by the United States (Federal government) ex rel.
      in the U.S. Bankruptcy Court for the Eastern District
      of Washington:

      http://www.supremelaw.org/cc/fox2/insolvency.htm
      http://www.supremelaw.org/cc/fox2/insolvency.explained.htm


      Moreover, there has never been the required liability STATUTE
      enacted by Congress, creating a specific liability for taxes
      imposed by subtitle A of the Internal Revenue Code:

      http://www.supremelaw.org/letters/irs.estopped.htm


      That legal estoppel was formally activated at the Tenth Circuit here:

      http://www.supremelaw.org/cc/williamson2/appeal/nad06.htm

      See Item (7) in chief:

      (7)  SUBPOENA IN A CIVIL CASE to Hon. Paul H. O’Neill,
      former Secretary of the Treasury, U.S. Dept. of the Treasury,
      Washington, D.C., PAST DUE as of November 1, 2002 A.D.:


      http://www.supremelaw.org/press/rels/subpoena.htm


      The controlling legal authority here is Commissioner v. Acker:
      see this excellent abstract, with a link to that decision:

      http://www.supremelaw.org/sls/2amjur2d.htm
      http://www.supremelaw.org/sls/2amjur2d.gif

      http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=361&invol=87

      ... to uphold this addition to the tax would be to hold
      that it may be imposed by regulation,
      which, of course, the law does not permit.
      United States v. Calamaro, 354 U.S. 351, 359;
      Koshland v. Helvering, 298 U.S. 441, 446 -447;
      Manhattan Co. v. Commissioner, 297 U.S. 129, 134.



      In point of fact, NOTICES OF FEDERAL TAX LIEN ("NFTL")
      are also fraudulent due to the false claims on each NFTL
      that procedurally proper ASSESSMENTS have been done.

      However, such ASSESSMENTS are now legally impossible,
      absent the requisite liability STATUTE and
      in light of the AUTOMATIC STAY supra.



      >  Being a citizen of the United States is not some trap
      >  that reduces you slavery.


      Yes it is, and yes it does, e.g.: 

      http://www.supremelaw.org/authors/mcdonald/slaves.htm

      For example, as such federal citizens have no voting
      members in the Senate or House of Representatives,
      because their citizenship is domiciled in D.C.,
      which never joined the Union and can't join the
      Union without a constitutional amendment.

      See Article I, Section 8, Clause 17 (re: exclusive jurisdiction).

      D.C. has no voting Senators or Representative(s).


      Also, just read the Federal Regulation at 26 CFR 1.1-1:

      http://www.supremelaw.org/cfr/26/26cfr1.1-1.htm#c
      (tried to impose a specific liability for subtitle A income taxes
      upon federal citizens and resident aliens:  State Citizens
      are not mentioned:  cf. inclusio unius est exclusio alterius)

      We go into these distinctions in great detail in "The Federal Zone":

      http://www.supremelaw.org/fedzone11/

      ... particularly the Chapter entitled "The Matrix"
      (written before the film by the same name):

      http://www.supremelaw.org/fedzone11/htm/chapter3.htm


      However, as I just pointed out, there is no underlying
      Statute at Large which created this specific liability.
      The absence of that required Statute violates the decision
      of the U.S. Supreme Court in Commissioner v. Acker:

      http://www.supremelaw.org/sls/2amjur2d.htm


      >  What this shows us is that by operation of being a State Citizen
      >  we are ipso facto a United States Citizen.


      That statement is not correct, and it is
      very misleading:  yes, a State Citizen is
      a Citizen of ONE OF the United States of America (50 States),
      but "United States" -- by itself -- has 3 legal meanings,
      each different from the others:

      http://www.supremelaw.org/decs/hooven/hooven.htm#united.states

      The term "United States Citizen" [sic] is simply
      not defined anywhere in Federal laws;  and,
      because of those 3 meanings, that term is vague
      and ambiguous. 

      See Void for Vagueness Doctrine here.

      There are only 2 classes of citizens,
      and one can be a State Citizen without
      also being a federal citizen.  Repeating:

      http://www.supremelaw.org/rsrc/twoclass.htm

      Search for "Right of Election" e.g.:
      Google site:www.supremelaw.org +"Right of Election"


      There is also no such thing as "national citizenship"
      under American laws never repealed.  Thus,
      EVEN IF "United States Citizen" somehow referred
      to a Citizen of the Union, that construction is meaningless:

      Citizenship, strictly speaking, is a term of MUNICIPAL law:

      http://www.supremelaw.org/rsrc/twoclass.htm

      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]

      Read:  51 municipal jurisdictions: 
      50 States and 1 Federal government.

      Thus, we are either Citizens of ONE OF the 50 States;
      or, we are citizens of the Federal government;
      or, by Right of Election we are both.

      Because the Federal government has degenerated
      into a criminal enterprise, I choose (elect)
      to be a State Citizen who is not also a federal citizen,
      by Right of Election.

      See also:

      http://www.supremelaw.org/fedzone11/htm/chapter4.htm

      Citizenship, says Moore on International Law, strictly speaking, is a term of municipal law and denotes the possession within the particular state of full civil and political rights subject to special disqualifications, such as minority, sex, etc.  The conditions on which citizenship are [sic] acquired are regulated by municipal law.  There is no such thing as international citizenship nor international law (aside from that which might be contained in treaties) by which citizenship is acquired.

      [Roa v. Collector of Customs, 23 Philippine 315, 332 (1912)]
      [emphasis added]


      There is a very thorough treatment of this topic
      in Chapter 11 of "The Federal Zone":

      http://www.supremelaw.org/fedzone11/htm/chaptr11.htm


      The federal zone is an absolute legislative democracy,
      not a Constitutional Republic.  This is explained in
      the winning brief by John Knox, in part by quoting
      Downes v. Bidwell (read: "the Constitution of the
      United States does not extend beyond the limits
      of the States united by and under it"):

      http://www.supremelaw.org/fedzone11/htm/append-a.htm

      The Downes Doctrine supra was elaborated in the
      decision of the Supreme Court in Hooven & Allison v. Evatt:

      http://www.supremelaw.org/decs/hooven/hooven.htm#guaranties
      (the guarantees of the Constitution extend into the federal zone
      only as Congress makes those guarantees applicable)


      Sorry:  but you have fallen victim to the deceptive, and
      false nomenclature "United States Citizen" which
      simply does NOT exist anywhere in applicable
      Federal and State laws.

      Don't feel too bad, however:  that deception was intentional:

      http://www.supremelaw.org/cc/obama/third.circuit/subpoena/letter.to.consul.general.htm



      Richard McDonald is not in the habit of fully supporting
      his essays with cites to case law, constitutional provisions, etc.

      You can contact him here, for clarifications:

      http://www.state-citizen.org/


      California has had 2 Constitutions:  1849 and 1879.

      The latter removed all references to State Citizens
      and attempted to establish the false presumption
      that there is only one class of "federal citizens".

      That was fraud!

      As such, the California Constitution of 1879 conflicts
      with the Constitution for the United States of America
      as lawfully amended.

      The distinctions do not need to be "blurry"
      as long as we know how to distinguish State Citizens --
      as recognized since 1788 in the Qualifications Clauses --
      from federal citizens first created by the 1866 Civil Rights Act.

      Remember, now, that Act did not and could not
      repeal or amend any provision in the Constitution:
      Eisner v. Macomber"Congress cannot by legislation
      alter the Constitution."


      Here's the correct nomenclature:

      Citizen of the United States =  State Citizen
      (read "Citizen of ONE OF the States united)

      http://www.supremelaw.org/cc/sanmarco/complain.htm#one-of

      citizen of the United States =  federal citizen
      (read "citizen of the District of Columbia")

      http://www.supremelaw.org/cc/gilberts/swornaff.htm#murphy

           This clear  distinction between  the Union States  and  the
      territories is  endorsed officially  by the  U.S. Supreme  Court.
      Using language  very similar  to that  of the  California Supreme
      Court in  the De  La Guerra  case, the  high Court  explained the
      distinction this  way in the year 1885, seventeen years after the
      adoption of the so-called 14th amendment:

           The people  of the  United States***, as sovereign owners of
           the national  territories, have  supreme power over them and
           their inhabitants.  ... The personal and civil rights of the
           inhabitants of  the territories  are secured  to them, as to
           other citizens, by the principles of constitutional liberty,
           which restrain  all the  agencies of  government, state  and
           national;   their political rights are franchises which they
           hold as  privileges in  the legislative  discretion  of  the
           congress of  the United  States**.  
      This doctrine was fully
           and forcibly  declared by  the chief justice, delivering the
           opinion of  the court in National Bank v. County of Yankton,
           101 U.S. 129.

                                 [Murphy v. Ramsey, 114 U.S. 15 (1885)]
                                  [italics in original, emphasis added]

      The key sentence is this one:
      "Their political rights are franchises which they hold
      as privileges in the legislative discretion of the
      Congress of the United States."


      As such, federal citizenship is a municipal franchise,
      domiciled in D.C.  That enclave is not protected by
      the Guarantee Clause.  Strictly construed, that Clause
      only guarantees a  Republican Form of Government
      to the 50 States, and not to the federal zone.



      Sincerely yours,
      /s/ Paul Andrew Mitchell, B.A., M.S.
      Private Attorney General, 18 U.S.C. 1964(a)
      http://www.supremelaw.org/decs/agency/private.attorney.general.htm
      Criminal Investigator and Federal Witness: 18 U.S.C. 1510, 1512-13
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      All Rights Reserved without Prejudice





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