The "foundation" of PATRIOT MYTHOLOGY & PNJ THEORY
The “foundation” of PATRIOT MYTHOLOGY & PNJ THEORY is really a “house of cards” WHICH relies on THREE BIG LIES.
- The LIE that the FEDERAL GOVERNMENT & FEDERAL law is SUPPOSEDLY “foreign” to the several states of the Union
- The LIE that the several states of the Union are NOT constitutionally the United States
- The LIE that the citizens of the several states of the Union are ALLEGEDLY not citizens of the United States
Once people SWALLOW these LIES, via SOPHISM & FALLACY they are DELUDED into “believing” that the CIVIL RIGHTS ACT of 1866 & the 14th AMENDMENT supposedly created a “new” citizenship & jurisdiction that was subject to the federal government.
SOPHISM - 1 : an argument apparently correct in form but actually invalid; especially : such an argument used to deceive; 2 : sophistry
FALLACY - 1 a obsolete : guile, trickery b : deceptive appearance : deception; 2 a : a false or mistaken idea <popular fallacies> b : erroneous character : erroneousness; 3 : an often plausible argument using false or invalid inference
DELUSION - 1 : the act of deluding : the state of being deluded, 2 a : something that is falsely or delusively believed or propagated b : a persistent false psychotic belief regarding the self or persons or objects outside the self that is maintained despite indisputable evidence to the contrary; also : the abnormal state marked by such beliefs
A PROCESS that often RESULTS in BRAINWASHING since those people then “claim” to SUPPOSEDLY not live in the United States, be citizens of the United States or be subject to federal law & as a RESULT they can NOT VOTE, HOLD OFFICE or SERVE on a JURY.
BRAINWASH - 1 : a forcible indoctrination to induce someone to give up basic political, social, or religious beliefs and attitudes and to accept contrasting regimented ideas, 2 : persuasion by propaganda or salesmanship
In effect those people are SURRENDERING all of their inherent POLITICAL POWER & RENDERING themselves POLITICALLY IMPOTENT.
“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.” DRED SCOTT v. SANDFORD, 60 U.S. 393 (1856)
HOWEVER, IF people take the time & energy to RESEARCH the FACTS, those THREE BIG LIES will FALL like DOMINOES WHEN you examine them since they are “built” on MISLEADING, INACCURATE, OUT OF CONTEXT and even FABRICATED “authorities”.
As PURPORTED “evidence” of the FIRST BIG LIE that the FEDERAL GOVERNMENT & FEDERAL law are SUPPOSEDLY “foreign” to the several states of the Union, the MYTH-MONGERS often cite a NOTE from CORPUS JURIS SECUNDUM that says that “[t]he United States government is a foreign corporation with respect to a state".
WHAT they DELIBERATELY OMIT is the FACT that comes form Volume 20 of CORPUS JURIS SECUNDUM which is entitled FEDERAL CORPORATIONS & the HEADNOTE for that section says "In the absence of statutes to the contrary, a corporation created by an act of congress with powers coextensive with the Union is generally held not a foreign corporation within any state of the Union." & that "A corporation created by an act of congress with powers coextensive with the Union, assuming of course that in creating it congress acts within the scope of its powers, is not a foreign corporation within any state of the Union, any more than an act of congress is a foreign law within any state of the Union:7".
So in FACT that section just states that an ACT OF CONGRESS is NOT a foreign law within any state of the Union .
And the note about “[t]he United States government is a foreign corporation with respect to a state" is in REFERENCE to MATTER OF MERRIAM because under the New York law involved in that case, as a corporation the United States would NOT be considered a “domestic corporation” since it was NOT created by the legislature of the New York NOR was it located there.
“It is suggested that the United States is to be regarded as a domestic corporation, so far as the State of New York is concerned. We think this contention has no support in reason or authority. A domestic corporation is the creature of this state created by its legislature, or located here and created by or under the laws of the United States . (Code of Civil Pro., § 3343, sub. 18.) The United States is a government and body politic and corporate, ordained and established by the American people acting through the sovereignty of all the states.” MATTER OF MERRIAM, 141 N.Y. 479, 36 N.E. 505 (1894)
The MYTH-MONGERS also conveniently OMIT the FACT that Volume 81A – STATES, CORPUS JURIS SECUNDUM states that "The federal government and state government exercise their respective powers in the same territory” & that “[t]he United States is not, as to one of the states, a foreign nation, or foreign sovereignty; but it is a concurrent, and, within its jurisdiction, paramount, sovereignty”.
"The federal government and state government exercise their respective powers in the same territory, 57 but each is a distinct entity acting independently of the other, 58 and each has its separate governmental organization. 59 The several states are, however, an entirety, and their people constitute one nation.60 The United States is not, as to one of the states, a foreign nation, or foreign sovereignty; 61 but it is a concurrent, and, within its jurisdiction, paramount, sovereignty. 62" 81A C.J.S. 20
The simple FACT is that the PURPOSE of the CONSTITUTION was to create a NATION with a NATIONAL government & NATIONAL authority. A FACT that is readily apparent by simply reading both the FEDERALIST PAPERS & the ANTI-FEDERALIST PAPERS that debated the arguments for & against adopting the CONSTITUTION prior to its ratification.
“The plan reported by the convention, by extending the authority of the federal head to the individual citizens of the several States, will enable the government to employ the ordinary magistracy of each, in the execution of its laws. It is easy to perceive that this will tend to destroy, in the common apprehension, all distinction between the sources from which they might proceed; and will give the federal government the same advantage for securing a due obedience to its authority which is enjoyed by the government of each State, in addition to the influence on public opinion which will result from the important consideration of its having power to call to its assistance and support the resources of the whole Union. It merits particular attention in this place, that the laws of the Confederacy, as to the ENUMERATED and LEGITIMATE objects of its jurisdiction, will become the SUPREME LAW of the land; to the observance of which all officers, legislative, executive, and judicial, in each State, will be bound by the sanctity of an oath. Thus the legislatures, courts, and magistrates, of the respective members, will be incorporated into the operations of the national government AS FAR AS ITS JUST AND CONSTITUTIONAL AUTHORITY EXTENDS; and will be rendered auxiliary to the enforcement of its laws. . Federalist No. 27
“The difference between a federal and national government, as it relates to the OPERATION OF THE GOVERNMENT, is supposed to consist in this, that in the former the powers operate on the political bodies composing the Confederacy, in their political capacities; in the latter, on the individual citizens composing the nation, in their individual capacities. On trying the Constitution by this criterion, it falls under the NATIONAL, not the FEDERAL character; though perhaps not so completely as has been understood. In several cases, and particularly in the trial of controversies to which States may be parties, they must be viewed and proceeded against in their collective and political capacities only. So far the national countenance of the government on this side seems to be disfigured by a few federal features. But this blemish is perhaps unavoidable in any plan; and the operation of the government on the people, in their individual capacities, in its ordinary and most essential proceedings, may, on the whole, designate it, in this relation, a NATIONAL government.
But if the government be national with regard to the OPERATION of its powers, it changes its aspect again when we contemplate it in relation to the EXTENT of its powers. The idea of a national government involves in it, not only an authority over the individual citizens, but an indefinite supremacy over all persons and things, so far as they are objects of lawful government. Among a people consolidated into one nation, this supremacy is completely vested in the national legislature. Among communities united for particular purposes, it is vested partly in the general and partly in the municipal legislatures. In the former case, all local authorities are subordinate to the supreme; and may be controlled, directed, or abolished by it at pleasure. In the latter, the local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority, than the general authority is subject to them, within its own sphere. In this relation, then, the proposed government cannot be deemed a NATIONAL one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignty over all other objects. It is true that in controversies relating to the boundary between the two jurisdictions, the tribunal which is ultimately to decide, is to be established under the general government. But this does not change the principle of the case. The decision is to be impartially made, according to the rules of the Constitution; and all the usual and most effectual precautions are taken to secure this impartiality. Some such tribunal is clearly essential to prevent an appeal to the sword and a dissolution of the compact; and that it ought to be established under the general rather than under the local governments, or, to speak more properly, that it could be safely established under the first alone, is a position not likely to be combated.”
Federalist No. 39
“It appears from these articles, that there is no need of any intervention of the State governments, between the Congress and the people, to execute any one power vested in the general government, and that the Constitution and laws of every State are nullified and declared void, so far as they are or shall be inconsistent with this Constitution, or the laws made in pursuance of it, or with treaties made under the authority of the United States. The government, then, so far as it extends, is a complete one, and not a confederation. It is as much one complete government as that of New York or Massachusetts; has as absolute and perfect powers to make and execute all laws, to appoint officers, institute courts, declare offenses, and annex penalties, with respect to every object to which it extends, as any other in the world. So far, therefore, as its powers reach, all ideas of confederation are given up and lost. It is true this government is limited to certain objects, or to speak more properly, some small degree of power is still left to the States; but a little attention to the powers vested in the general government, will convince every candid man, that if it is capable of being executed, all that is reserved for the individual States must very soon be annihilated, except so far as they are barely necessary to the organization of the general government. The powers of the general legislature extend to every case that is of the least importance-there is nothing valuable to human nature, nothing dear to freemen, but what is within its power. It has the authority to make laws which will affect the lives, the liberty, and property of every man in the United States; nor can the Constitution or laws of any State, in any way prevent or impede the full and complete execution of every power given. The legislative power is competent to lay taxes, duties, imposts, and excises;-there is no limitation to this power, unless it be said that the clause which directs the use to which those taxes and duties shall be applied, may be said to be a limitation. But this is no restriction of the power at all, for by this clause they are to be applied to pay the debts and provide for the common defense and general welfare of the United States; but the legislature have authority to contract debts at their discretion; they are the sole judges of what is necessary to provide for the common defense, and they only are to determine what is for the general welfare. This power, therefore, is neither more nor less than a power to lay and collect taxes, imposts, and excises, at their pleasure; not only the power to lay taxes unlimited as to the amount they may require, but it is perfect and absolute to raise them in any mode they please." Antifederalist No. 17
Under the FEDERAL CONSTITUTION the STATES are sovereign EXCEPT in regards to the SOVEREIGN POWERS & AUTHORITY delegated to the FEDERAL GOVERNMENT.
“1st. I acknowledge, and shall always contend, that the States are sovereignties. But with the free will, arising from absolute independence, they might combine in Government for their own happiness. Hence sprang the confederation; under which indeed the States retained their exemption from the sorensic jurisdiction of each other, and, except under a peculiar modification, of the United States themselves. Nor could this be otherwise; since such a jurisdiction was no where (according to the language of that instrument) expressly delegated. This Government of supplication cried aloud for its own reform; and the public mind of America decided, that it must perish of itself,and that the Union would be thrown into jeopardy, unless the energy of the general system should be increated. Then it was the present Constitution produced a new order of things. It derives its origin immediately from the people; and the people individually are, under certain limitations, subject to the legislative, executive, and judicial authorities thereby established. The States are in fact assemblages of these individuals who are liable to process. The limitations, which the Federal Government is admitted to impose upon their powers, are diminutions of sovereignty, at least equal to the making of them defendants.
Every State in the Union in every instance where its sovereignty has not been delegated to the United States , I consider to be as completely sovereign, as the United States are in respect to the powers surrendered. The United States are sovereign as to all the powers of Government actually surrendered: Each State in the Union is sovereign as to all the powers reserved. It must necessarily be so, because the United States have no claim to any authority but such as the States have surrendered to them: Of course the part not surrenderred must remain as it did before. The powers of the general Government, either of a Legislative or Executive nature, or which particularly concerns Treaties with Foreign Powers, do for the most part (if not wholly) affect individuals, and not States: They require no aid from any State authority. This is the great leading distinction between the old articles of confederation, and the present constitution."
CHISHOLM v. STATE OF GA. , 2 U.S. 419 (1793)
“The Constitution of the United States was ordained and established not by the States in their sovereign capacities, but emphatically, as the preamble of the Constitution declares, by "the people of the United States ." There can be no doubt that it was competent to the people to invest the general government with all the powers which they might deem proper and necessary, to extend or restrain these powers according to their own good pleasure, and to give them a paramount and supreme authority. As little doubt can there be that the people had a right to prohibit to the States the exercise of any powers which were, in their judgment, incompatible with the objects of the general compact, to make the powers of the State governments, in given cases, subordinate to those of the nation, or to reserve to themselves those sovereign authorities which they might not choose to delegate to either. The Constitution was not, therefore, necessarily carved out of existing State sovereignties, nor a surrender of powers already existing in State institutions, for the powers of the States depend upon their own Constitutions, and the people of every State had the right to modify and restrain them according to their own views of the policy or principle. On the other hand, it is perfectly clear that the sovereign powers vested in the State governments by their respective Constitutions remained unaltered and unimpaired except so far as they were granted to the Government of the United States.
These deductions do not rest upon general reasoning, plain and obvious as they seem to be. They have been positively recognised by one of the articles in amendment of the Constitution, which declares that
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. "
The government, then, of the United States can claim no powers which are not granted to it by the Constitution, and the powers actually granted, must be such as are expressly given, or given by necessary implication. On the other hand, this instrument, like every other grant, is to have a reasonable construction, according to the import of its terms, and where a power is expressly given in general terms, it is not to be restrained to particular cases unless that construction grow out of the context expressly or by necessary implication. The words are to be taken in their natural and obvious sense, and not in a sense unreasonably restricted or enlarged.
The Constitution unavoidably deals in general language. It did not suit the purposes of the people, in framing this great charter of our liberties, to provide for minute specifications of its powers or to declare the means by which those powers should be carried into execution. It was foreseen that this would be a perilous and difficult, if not an impracticable, task. The instrument was not intended to provide merely for the exigencies of a few years, but was to endure through a long lapse of ages, the events of which were locked up in the inscrutable purposes of Providence . It could not be foreseen what new changes and modifications of power might be indispensable to effectuate the general objects of the charter, and restrictions and specifications which at the present might seem salutary might in the end prove the overthrow of the system itself. Hence its powers are expressed in general terms, leaving to the legislature from time to time to adopt its own means to effectuate legitimate objects and to mould and model the exercise of its powers as its own wisdom and the public interests, should require.
The Constitution was for a new Government, organized with new substantive powers, and not a mere supplementary charter to a Government already existing. The Confederation was a compact between States, and its structure and powers were wholly unlike those of the National Government. The Constitution was an act of the people of the United States to supersede the Confederation, and not to be ingrafted on it, as a stock through which it was to receive life and nourishment.”
MARTIN V. HUNTER'S LESSEE, 14 U. S. 304 (1816)
“In America , the powers of sovereignty are divided between the government of the Union , and those of the states. They are each sovereign, with respect to the objects committed to it, and neither sovereign, with respect to the objects committed to the other.” McCULLOCH v. STATE, 17 U.S. 316 (1819)
And due to the FACT that the CONSTITUTION extended FEDERAL JURISDICTION to the PEOPLE of the several states of the Union, the BILL OF RIGHTS was adopted, to “prevent misconstruction or abuse of” of that NEWLY CREATED FEDERAL AUTHORITY.
The Preamble to The Bill of Rights
Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
The TRUTH is that the FEDERAL GOVERNMENT & FEDERAL law have NEVER been “foreign” to the several states of the Union .
“The American States , as well as the American people, have believed a close and firm Union to be essential to their liberty and to their happiness. They have been taught by experience that this Union cannot exist without a government for the whole, and they have been taught by the same experience that this government would be a mere shadow, that must disappoint all their hopes, unless invested with large portions of that sovereignty which belongs to independent States. Under the influence of this opinion, and thus instructed by experience, the American people, in the conventions of their respective States, adopted the present Constitution.
If it could be doubted whether, from its nature, it were not supreme in all cases where it is empowered to act, that doubt would be removed by the declaration that
"this Constitution, and the laws of the United States, which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby; any thing in the Constitution or laws of any State to the contrary notwithstanding."
This is the authoritative language of the American people, and, if gentlemen please, of the American States. It marks, with lines too strong to be mistaken the characteristic distinction between the government of the Union and those of the States. The general government, though limited as to its objects, is supreme with respect to those objects. This principle is a part of the Constitution, and if there be any who deny its necessity, none can deny its authority.
To this supreme government ample powers are confided, and if it were possible to doubt the great purposes for which they were so confided, the people of the United States have declared that they are given
"in order to form a more perfect union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to themselves and their posterity. "
With the ample powers confided to this supreme government, for these interesting purposes are connected many express and important limitations on the sovereignty of the States which are made for the same purposes. The powers of the Union, on the great subjects of war, peace, and commerce, and on many others, are in themselves limitations of the sovereignty of the States; but, in addition to these, the sovereignty of the States is surrendered in many instances where the surrender can only operate to the benefit of the people, and where, perhaps, no other power is conferred on Congress than a conservative power to maintain the principles established in the Constitution."
COHENS V. VIRGINIA, 19 U. S. 264 (1821)
"The laws of the United States are laws in the several States, and just as much binding on the citizens and courts thereof as the State laws are. The United States is not a foreign sovereignty as regards the several States, but is a concurrent, and, within its jurisdiction, paramount sovereignty. Every citizen of a State is a subject of two distinct sovereignties, having concurrent jurisdiction in the State,-concurrent as to place and persons, though distinct as to subject-matter…The disposition to regard the laws of the United States as emanating from a foreign jurisdiction is founded on erroneous views of the nature and relations of the State and Federal governments. It is often the cause or the consequence of an unjustifiable jealousy of the United States government, which has been the occasion of disastrous evils to the country. CLAFLIN v. HOUSEMAN, 93 U.S. 130 (1876)
"We have in this republic a dual system of government,-national and state,-each operating within the same territory and upon the same persons, and yet working without collision, because their functions are different. There are certain matters over which the national government has absolute control, and no action of the state can interfere therewith, and there are others in which the state is supreme, and in respect to them the national government is powerless. To preserve the even balance between these two governments, and hold each in its separate sphere, is the peculiar duty of all courts; pre-eminently of this,- a duty oftentimes of great delicacy and difficulty.” SOUTH CAROLINA v. U S, 199 U.S. 437 (1905)
UNDERSTANDING these FACTS, BIG LIE #2 quickly CRUMBLES because in the CONSTITUTION & its AMENDMENTS, United States has always MEANT the several states of the Union & the federal district and NOT the FEDERAL territories, possessions & commonwealths.
“It is sufficient to observe in relation to these three fundamental instruments, that it can nowhere be inferred that the [182 U.S. 244, 251] territories were considered a part of the United States . The Constitution was created by the people of the United States, as a union of states, to be governed solely by representatives of the states; and even the provision relied upon here, that all duties, imposts, and excises shall be uniform 'throughout the United States,' is explained by subsequent provisions of the Constitution, that 'no tax or duty shall be laid on articles exported from any state,' and 'no preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another; nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another.' In short, the Constitution deals with states, their people, and their representatives.
The 13th Amendment to the Constitution, prohibiting slavery and involuntary servitude 'within the United States, or in any place subject to their jurisdiction,' is also significant as showing that there may be places within the jurisdiction of the United States that are no part of the Union. To say that the phraseology of this amendment was due to the fact that it was intended to prohibit slavery in the seceded states, under a possible interpretation that those states were no longer a part of the Union, is to confess the very point in issue, since it in
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