Learn something useful - we all know all the corrupt and insane activities going on - it's time to RESIST - and here is some good starting material for those that don't even know what a federal US citizen is ...
Richard James, McDonald is a state Citizen of California. Mr. McDonald is a former law enforcement officer who stumbled across this information quite by accident but felt compelled to investigate the issues related to law enforcement and status. Based on results of Mr. McDonald's research, he took the extraordinary step of renouncing his "US citizenship", (the reasons why should become clear to the reader as they review the information posted here), by reclaiming his "birth rights" and original political status, which by the way, is exactly the same as the Founding Fathers who were state Citizens, not "US citizens".
Unbeknownst to most people, the class termed "US citizen" did not exist as a political status until 1866. It was a class and "political status" created for the newly freed slaves and did not apply to the people inhabiting the states of the union who were at that time state Citizens.
"On the other hand, there is a significant historical fact in all of this. Clearly, one of the purposes of the 13th and 14th Amendments and of the 1866 act and of section 1982 was to give the Negro citizenship. . ." Jones v. Alfred H. Mayer Co. (1967), 379 F.2d 33, 43.
"The object of the 14th Amendment, as is well known, was to confer upon the colored race the right of citizenship." United States v. Wong Kim Ark, 169 U. S. 649, 692.
Mr. McDonald is not a racist or bigot but merely wishes that the reader understands that the class of people identified as "US citizens" were the NEWLY FREED SLAVES ONLY as was the intent of the drafters of the so-called 14th Amendment. After their being recognized as people rather than "animate property", they needed to be brought within the "naturalization process" and afforded some rights. As anyone well knows, property has no rights. Mr. McDonald has been educating people about these issues for over 25 years.
"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 it's own..." United States v. Cruikshank, 92 U.S. 542 (1875)
"...he was not a citizen of the United States, he was a citizen and voter of the State,..." "One may be a citizen of a State and yet not a citizen of the United States". McDonel v. The State, 90 Ind. 320 (1883)
"That there is a citizenship of the United States and citizenship of a state,..." Tashiro v. Jordan, 201 Cal. 236 (1927)
"A citizen of the United States is a citizen of the federal government ..." Kitchens v. Steele, 112 F.Supp 383
The Importance Of state Citizenship
Why is this important? Because the visitor should know that the rules that apply to "US citizens" may be different that the rules that apply to "state Citizens", and that the rights of one are not the same as the other. For example, the "state Citizen" is NOT required to have a driver license to legally use their car to go to the store to buy food or to attend their place of worship, the "US citizen" is required to have a license to do the same thing.
"The governments of the United States and of each state of the several states are distinct from one another. The rights of a citizen under one may be quite different from those which he has under the other". Colgate v. Harvey, 296 U.S. 404; 56 S.Ct. 252 (1935)
"There is a difference between privileges and immunities belonging to the citizens of the United States as such, and those belonging to the citizens of each state as such". Ruhstrat v. People, 57 N.E. 41 (1900)
"The rights and privileges, and immunities which the fourteenth constitutional amendment and Rev. St. section 1979 [U.S. Comp. St. 1901, p. 1262], for its enforcement, were designated to protect, are such as belonging to citizens of the United States as such, and not as citizens of a state". Wadleigh v. Newhall 136 F. 941 (1905)
Mr. McDonald educates people about the reasons why this is the so and what they can do to reclaim their birth rights which are protected by the State Constitution.
"...rights of national citizenship as distinct from the fundamental or natural rights inherent in state citizenship". Madden v. Kentucky, 309 U.S. 83: 84 L.Ed. 590 (1940)
"State Citizenship is a vested substantial property right, and the State has no power to divest or impair these rights." Favot v. Kingsbury, (1929) 98 Cal. App. 284, 276 P. 1083.
SUI JURIS. One who has all the rights to which a freemen is entitled; one who is not under the power of another, as a slave, a minor, and the like. 2. To make a valid contract, a person must, in general, be sui juris. Every one of full age is presumed to be sui juris. Bouvier's Law Dictionary, 1856
INGENUI, civ. law. Those freemen who were born free. Vicat, vocab. 2. They were a class of freemen, distinguished from those who, born slaves, had afterwards legally obtained their freedom the latter were called at various periods, sometimes liberti, sometimes libertini. An unjust or illegal servitude did not prevent a man from being ingenuus. Bouvier's Law Dictionary, 1856
JURIS ET DE JURE. A phrase employed to denote conclusive presumptions of law, which cannot be rebutted by evidence. The words signify of law and from law. Best on Presumption, Sec. 17. Bouvier's Law Dictionary, 1856
What the visitor will find here is little known legal history about the people of this country that is not taught in the public schools nor for that matter in law school as part of the general curriculum.
MISSION STATEMENT
Mr. McDonald is dedicated to educating the visitor about their secured rights and how to defend them effectively by focusing on the common "traffic ticket". No one likes being pulled over and being issued a NOTICE TO APPEAR for some alleged violation of the Vehicle Code. The knowledge one has regarding "how to" deal with the common "traffic ticket" will provide the accused with all the basic legal knowledge to deal with virtually any legal matter, this is because elements of law are generally the same no matter what the allegation.
Sublata causa tollitur effectus. Remove the cause and the effect will cease. 2 Bl. Com. 203.
Sublato fundamento cadit opus. Remove the foundation, the structure or work fall.
"A free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate." Thomas Jefferson: Rights of British America, 1774. ME 1:209, Papers 1:134
"Natural rights [are] the objects for the protection of which society is formed and municipal laws established." Thomas Jefferson to James Monroe, 1797. ME 9:422
The fact the restraint on Ms. Spicer's liberty was minimal does not make the restraint a reasonable one. The Fourth Amendment applies to all seizures of the person including those consuming no more than a minute. (United States v. Brignoni-Ponce, supra, 422 U.S. at pp. 879-880 [45 L.Ed.2d at pp. 615-616].) PEOPLE v. SPICER, 157 Cal.App.3d 213
"The United States and the State of California are two separate sovereignties, each dominant in its own sphere." Redding v. Los Angeles (1947), 81 C.A.2d 888, 185 P.2d 430.
"That there is a citizenship of the United States and citizenship of a state,..." Tashiro v. Jordan, 201 Cal. 236 (1927)
Thus in [13 Cal.3d 551] determining that California citizens are entitled to greater protection under the California Constitution against unreasonable searches and seizures than that required by the United States Constitution, we are embarking on no revolutionary course. Rather we are simply reaffirming a basic principle of federalism -- that the nation as a whole is composed of distinct geographical and political entities bound together by a fundamental federal law but nonetheless independently responsible for safeguarding the rights of their citizens.
WHO IS REQUIRED TO HAVE A DRIVER LICENSE?
"As indicated by it title, the act was designed to impose a license tax upon those engaged in the business of operating motor vehicles upon the public highways for the transportation of persons or property for compensation. Section 1 defines certain words and phrases employed in the act. The term 'operator' is declared generally to include all persons, firms, associations, and corporations who operate motor vehicles upon any public highway in the state and thereby engage in the transportation of persons or property for hire or compensation.
"Section 2 of the act provides: 'Each operator of a motor vehicle within this state who transports or desires to transport for compensation or hire persons or property upon or over any public highway within this state shall apply to and secure from the board of equalization of the State of California a license to operate each and all of the motor vehicles which such operator desires to operate or which such operator from time to time may operate.'
It is provided in Section 7 that any operator using the public highways of the state for the transportation of persons or property for hire, either as a public or private carrier without first obtaining the license ... is guilty of a misdemeanor ..." Bacon Service Corporation v. Huss (1926) 199 Cal. 21, 26 - 27. "The activity licensed by state DMVs and in connection with which individuals must submit personal information to the DMV - the operation of motor vehicles - is itself integrally related to interstate commerce". Seth Waxman, Solicitor General U.S. Department of Justice BRIEF FOR THE PETITIONERS Reno v. Condon, No. 98-1464, decided January 12, 2000 Supreme Court of the United States
Sec. 31. Definitions
When used in this chapter the term -
''Motor vehicle'' means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo;
The privileges and immunities clause of the Fourteenth Amendment protects very few rights because it neither incorporates any of the Bill of Rights nor protects all rights of individual citizens. See Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 21 L.Ed. 394 (1873). Instead, this provision protects only those rights peculiar to being a citizen of the federal government; it does not protect those rights which relate to state citizenship. Jones v. Temmer, 829 Fed. Supp. 1226 (1993)