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Dead Constitution See other Dead Constitution Articles Title: Status/Standing and Citizenship These are some of the facts and the proofs furnished by official government publications, statutes, the Supreme Court of the United States or of a State. If you have other relevant facts with the proofs please let me know. I am not interested in "beliefs." If you believe something, but have no proof, I am not interested. Tell your beliefs to the Pope, or some religious authority that has "faith." When people have "faith" or "believe," in the copious "Patriot" bullshit circulating on the net, they usually go to prison or have their assets forfeited. Correct conclusions can be drawn from correct facts and correct proofs. False conclusions, like false gods arise from "faith" and "beliefs." More facts and proofs to come. This is only the beginning. More to come. To be continued. Fact: The several States have become mere agencies of the United States and only function to administer a particular federal territory according to edicts dictated by Congress through maritime contracts to which the States and Congress are parties. Proof: Go to: http://www.usa.gov/Agencies/Federal/All_Agencies/T.shtml. Here you will find the A-Z Index of U.S. Government Departments and Agencies. Click on the “T.” You will see “Tennessee” and “Texas.” Either someone made a horrible mistake putting together the web page or else all the States are federal agencies. Click on "A" for Alabama, "W" for Wyoming and everything in between until you are satisfied. They are all there. Fact: The several States are mere federal territories with the same status and capacity as the unincorporated insular territories. Proof: Under the same A-Z Index, as above, and also under “T,” click on “Territories of the United States.” You will find a list of all the States, the District of Columbia, and the insular territories. Fact: The several States are mere administrative divisions of the United States. Proof: Go to: https://www.cia.gov/library/publications/the-world-factbook/ This takes you to an official CIA publication called “The World Factbook.” Click on the arrow to the right of the window and select “United States.” You will notice the map of the United States has no state boundaries. This map with minimal place names and no state boundaries curiously does note the highest and lowest geographical points in the United States, i.e., Mt. McKinley and Death Valley. Scroll down to the topic heading, “Government” and then below that, see the subheading “Administrative Divisions.” You will find a list of 50 States and one district. Below that, you will find a list of the “dependent areas” or insular territories. Fact: The Constitution imposes no restrictions on Congress within insular areas. The Constitution only applies in the United States of America. Proof: "The Constitution only applies in the United States of America and not in the Territories. Downes v. Bidwell and all the other insular cases can be found here: http://macmeekin.com/Library/Insular%20Cases.htm Conclusion: Based on the above one can logically deduce that the several independent and sovereign States have somehow become mere agencies of the United States administering specific and unique territorial areas. The conclusion raises the question: How did this happen? How were the States reduced to mere agencies of the United States? To answer this question, we must go back to the beginning and examine the Constitution. The Constitution for the United States of America is the constitution for two separate and distinct nations. The first nation was reoganized as the already existing “The United States of America” created by the Articles of Confederation (see: Articles of Confederation, Article I). The new Constitution put limited specific enumerated restrictions on the sovereignity of the States (Article I, Section 10). Except for these specific limitation on their sovereignty, the States retained their sovereignty. The States voluntarily agreed to only the restrictions placed on their sovereignty by Article I, Section 10 when the States ratified the Constitution and no other limitations. In exchange for the restrictions or limited waivers of sovereignty, the States were guaranteed Republican Form of Government, protection from invasion, and protection from domestic violance in Article IV, Section 4. “The United States of America” is the general or national government. The people did not ratify the Constitution; the States did through delegates that the State legislatures sent to the Constitutional Convention. The people never voted on it. The Constitution did not restrict the people or the people’s sovereignty in any way whatsoever as is evidenced by Amendment X. The people’s sovereignty was internationally recognized by King George III in the Treaty of Paris, 1783, which ended the Revolutionaly war. When Thomas Jefferson stated that “all men are created equal” in the Declaration of Independence, he was referring to the fact that all men are born political equals. In other words, all men are created equal to King George and King George recognized the status and capacity of his former subjects as political equals (For proof, see: Chisholm v. State of Georgia., 2 U.S. 419, at 470 (1793), opinion by John Jay, Chief Justice: “The Revolution, or rather the Declaration of Independence, found the people already united for general purposes, and at the same time providing for their more domestic concerns by State conventions, and other temporary arrangements. From the crown of Great Britain, the sovereignty of their country passed to the people of it; and it was then not an uncommon opinion, that the unappropriated lands, which belonged to that crown, passed not to the people of the Colony or States within whose limits they were situated, but to the whole people; on whatever principles this opinion rested, it did not give way to the other, and thirteen sovereignties were considered as emerged from the principles of the Revolution, combined with local convenience and considerations; the people nevertheless continued to consider themselves, in a national point of view, as one people; and they continued without interruption to manage their national concerns accordingly; afterwards, in the hurry of the war, and in the warmth of mutual confidence, they made a confederation of the States, the basis of a general Government.” Congress’ power over the several States is limited to only the 17 powers enumerated in Article I, Section 8. If the power is not enumerated, Congress has no power. Congress’ power over the several States is extremely limited. The second nation was created from scratch. The second nation is called “the United States,” (see: Hooven & Allison v. Evatt, 324 U.S. 652, @ 665). The United States is the federal government. The United States consists of the District of Columbia and the territories. Article I, Section 8, Clause 17 authorized the creation of the United States. Congress exercises “exclusive legislative jurisdiction” in the district and the territiories. In Downes v. Bidwell, 182 U.S. 244, 1901, the Supreme Court referred to this “exclusive legislative jurisdiction” as an “absolute legisative democracy.” There are, at least in theory, two separate and distinct nation-states referred to in the Constitution; there is the reorganized “The United States of America” under a guaranteed republican form of government and then there is “the United States” under an absolute legislative democracy. Congress can do any damned thing it wants in the United States. Congress has absolute power over everything “within the jurisdiction of the United States.” Within the jurisdiction of the United States means within the District of Columbia and the territories and within its territorial jurisdiction, Congress is an absolute GOD and has no restrictions on its power whatsoever within its exclusive jurisdiction. The same Congress created by Article I legislates for two separate and distinct nations, one a Republic, the other a Democracy. Proof 1: The Constitution itself. Proof 2: Congress itself has made the distinction between the United States and the United States of America in Title 28 U.S.C 1746(1) and 1746(2), found here: http://www4.law.cornell.edu/uscode/28/1746.html. Section 1746(2) is the only reference to the United States of America in Title 28. Citizenship. Relying on John Wise to ably provide the proofs concerning the three different classes of citizenship in A Treatise on American Citizenship by John Wise, 1906, (http://www.constitution.org/cmt/jswise/citizenship.htm) there was no such thing as a citizen of the United States until 1787 with the enactment of the Northwest Ordinance by the Continental Congress, without authority to do so before the ratification of the Constitution. The Northwest Ordinance bestowed the status of “citizen of the United States” upon the inhabitants of the territory. The status of “citizen of the United States” was created statutiorily by the Continental Congress with the intent to give the same political status to the settlers of the unincorporated Northwest Territory as they enjoyed before they migrated from their respective States. Neither the Articles of Confederation nor the Constitution provided for any new class of citizens. The Constitution only recognized State Citizens. The Congress further extended the status of “citizen of the United States” through the Civil Rights Act of 1866 to the emancipated negros and and later through the 14th Amendment compelled the States to recognize the citizenship status of the emancipated negoes. Congress, exercising its absolute legislative power over the District of Columbia provided limited civil rights for the emancipated negro slaves “within the jurisdiction of the United States, i.e., only within the bounds of the District of Columbia. By steamrolling the 14th Amendment through the ratification process while the Southern States were not represented in Congress (see: Texas v. White, dissenting opinion), the States were compelled to recognize the civil rights and statutory citizenship granted to the emancipated former slaves by Congress. The 14th Amendment created a basis for citizens of the United States which affected only the status of the negro race and did not affect the white States Citizens one bit. The 14th Amendment merely “clothed” the former slaves with a citizenship status that was intended by Congress to be politically equal to that of free white men. In 1898 Congress’ responsibility for the care and well being of the millions of inhabitants of the insular territories acquired by unprovoked imperial aggression in the Treaty of Paris of 1898 which ended the Spanish-American War. The newly acquired territories and inhabitants of the Phillipeans, Hawaii, Puerto Rico, Cuba, Guam, and a few other non-descript and God-forbidden islands were clearly within “the jurisdiction of the United States” and under the absolute legislative power of Congress. In the Treaty, Article IX, Spain agreed to grant power to Congress to legislate political status of its former subjects and natives who did not make the affirmative choice to retain Spanish citizenship. The Treaty can be found at: http://www.yale.edu/lawweb/avalon/diplomacy/spain/sp1898.htm. The relevant part of the Treaty: “Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce and professions, being subject in respect thereof to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the nationality of the territory in which they may reside. The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress. “ Thus arose an entirely new political class, the U.S. citizen. A U.S. citizen has no inherent rights protected by a Constitution The new type of citizen who has no rights whatsoever, except what ever civil rights which are to be determined by Congress exercising its absolute power to legislate in the federal territories. The statutes enacted by Congress relating to this section of the treaty, make the first references to “U.S. citizen.” Those statutes are now largely found in the Immigration and Naturalization Act of 1940, Codified in Title 8 of the United States Code. The Superme Court, in In re Ross, Downs v. Bidwell and the other Insular Cases determined for all time that the territories and the inhabitants of the territories are under the absolue legislative power of Congress and that the Constitution does not apply in the territories and only applies in the United States of America. The Superme Court, in Downes v. Bidwell discusses the citizenship problem of the insular inhabitants. Speaking mostly about the Filipinos the court said that they were a different race, a different religion, spoke a different language, they were uneducated, semi-barbarians and NOT WORTHY TO EVER BECOME AMERICAN CITIZENS! Through ratification of the 1898 Treaty with Spain, the United States acquired millions of U.S. citizens having no rights excepting what Congress might allow them to have. Before 1898, the United States had very few citizens. How many people can you get into a 10 square mile area? But after 1898, Congress had uncounted millions of people under its absolute legislative control and with absolutely no Constitutional restrictions! Ghengas Khan could not have had it better. At first, Congress treated its new charges well. They were not taxed if they remained on their islands. Congress provided them with all the infrastructure needed for a civilized society. BUT– if the U.S. citizens left their island and came to the mainland to “reside” as a “resident alien” in one of the several States, they were required to have a social security number (social security is voluntary for State Ctizens, as will be discussed later), a U.S. citizen I.D. card and their income would be taxed. U.S. citizens are required to participate in the social security “insurance” scheme because, well, you know, they are considered to semi-barbarians and NOT WORTHY TO EVER BECOME AMERICAN CITIZENS and too slovenly, too slothful, too barbaric and too stupid to take care of their own health, their own insurance and provide for their own old age. The Superme Court has held: “The chief enemies of republican freedom are mental sloth, conformity, bigotry, superstition, credulity, monopoly in the market of ideas, and utter, benighted ignorance.” Adderley v. State of Florida, 385 U.S. 39, 49 (1967) Decision by Justice Black. Are you an enemy of republican freedom? Aren’t you proud to tho have elected to be a treated as a U.S. citizen? The 1935 Social Security Act The purpose of the Social Security Act is stated as: “To provide for the general welfare by establishing a system of Federal old-age benefits, and by enabling the several States to make more adequate provisionfor aged persons, blind persons, dependent and crippled children, maternaland child welfare, public health, and the administration of their unemploymentcompensation laws ; to establish a Social Security Board ; to raise revenue ;and for other purposes.” The complete act can be found at: http://www.nationalcenter.org/SocialSecurityAct.html. The first clause, “To provide for the general welfare by establishing a system of Federal old-age benefits,” created what most people know as Social Security. The second clause, “and by enabling the several States to make more adequate provisionfor aged persons, blind persons, dependent and crippled children, maternal and child welfare, public health, and the administration of their unemploymentcompensation laws ;” enabled the several States to create agencies to make “ things other than gold and silver coin a tender in the payments of debts,” and pay other things, private commercial paper in the form of debt obligations of the United States to U.S. citizens through agencies created by the States for that purpose. The States voluntarily submitted State Plans for that very purpose. Congress only has power to comepel insurance on its own U.S. citizens residing in federal territories. Congress could compel neither State Citizens nor the States to participate in the scheme. The States had to “voluntarily” waive their sovereignty. The people had to volunteer. Over the years and through the expansions of the State Plans, the States entered into international maritime/commercial contracts with the United States and placed themselves completely under the I:8:17 absolute legislative jurisdiction of Congress and reduced themselves to territories to be administered by Congress. By what grant of power did the State legislatures abrogate their own sovereignty and change the form, character and nature of the government? Only the people can do that. The power to change the form of government is specifically reserved to the people through Amendment X and the State Constitutions. Just as the Supreme Court held in Perry v. U.S., 294 U.S. 330, 1935 that Congress had no power to abrogate their own gold contracts, the States had no power to change the form of government. But the States did not do it. The people did. Congress thought its social security scheme for the insular semi-barbarians was so good that State Citizens should be allowed to voluntarily participate in it. State Citizens could not be compelled to contract. Period. And Congress knows it. State Citizens could not be compelled to enter into a scheme of social insurance controlled by Admiralty or maritime law. It had to be voluntary. The people of the United States of America have the absolute right to make their own politicial self-determination. Congress recognizes this right and allows the people to assert this right. If a State Citizen makes a political self-determination and elects to be treated as if he were an U.S. citizen, Congress allows it; Congress encourages it. So, if a State Citizen wanted a social benefit through a State Plan, he had to have a contract with Congress, or actually a personal contract with the Secretary of the Treasury to be qualified for the benefit. The State Citizen could thus apply for a Social Security Number by signing and filing an SSA Form SS 5, Application for Social Security Number. By making application, the State Citizen “elected” to be treated as a semi-barbarian, unwashed and stupid U.S. citizen with no inherent rights and only civil rights as Congress sees fit to statutiorily grant. The sovereign State Citizen, by participating in the social security scheme, has voluntarily placed himself under a private commercial contract, interstate or international in scope and enforced by maritime law in a court of Admiralty jurisdiction.
Poster Comment: An explanation for the shit condition we're in when we subscribe to Socialist concepts such as the SS Insurance Scheme. I invite your comments !
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