Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: La Lydia

Remember the old saying that “ignorance of the law is no excuse”....


The term “United States” may be used in any one of several senses. [1] It may be merely the name of a sovereign* occupying the position analogous to that of other sovereigns in the family of nations. [2] It may designate the territory over which the sovereignty of the United States** extends, or [3] it may be the collective name of the states*** which are united by and under the Constitution.

[Hooven & Allison Co. v. Evatt, 324 U.S. 652 (1945)]
[brackets, numbers and emphasis added]

This same Court authority is cited by Black’s Law Dictionary, Sixth Edition, in its definition of “United States”:

United States. This term has several meanings. [1] It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in family of nations, [2] it may designate territory over which sovereignty of United States extends, or [3] it may be collective name of the states which are united by and under the Constitution. Hooven & Allison Co. v. Evatt, U.S. Ohio, 324 U.S. 652, 65 S.Ct. 870, 880, 89 L.Ed. 1252.

[brackets, numbers and emphasis added]

In the first sense, the term “United States*” can refer to the nation, or the American empire, as Justice Marshall called it. The “United States*” is one member of the United Nations. When you are traveling overseas, you would go to the U.S.* embassy for help with passports and the like. In this instance, you would come under the jurisdiction of the President, through his agents in the U.S.* State Department, where “U.S.*” refers to the sovereign nation. The Informer summarizes Citizenship in this “United States*” as follows:

1. I am a Citizen of the United States* like you are a Citizen of China. Here you have defined yourself as a National from a Nation with regard to another Nation. It is perfectly OK to call yourself a “Citizen of the United States*.” This is what everybody thinks the tax statutes are inferring. But notice the capital “C” in Citizen and where it is placed. Please go back to basic English.

[Which One Are You?, page 11]
[emphasis added]

Secondly, the term “United States**” can also refer to “the federal zone”, which is a separate nation-state over which the Congress has exclusive legislative jurisdiction. (See Appendix Y for a brief history describing how this second meaning evolved.) In this sense, the term “United States**” is a singular phrase. It would be proper, for example, to say, “The United States** is ...” or “Its jurisdiction is ...” and so on. The Informer describes citizenship in this United States** as follows:

2. I am a United States** citizen. Here you have defined yourself as a person residing in the District of Columbia, one of its Territories, or Federal enclaves (area within a Union State) or living abroad, which could be in one of the States of the Union or a foreign country. Therefore you are possessed by the entity United States** (Congress) because citizen is small case. Again go back to basic english [sic]. This is the “United States**” the tax statutes are referring to. Unless stated otherwise, such as 26 USC 6103(b)(5).

[Which One Are You?, page 11]
[emphasis added]

Thirdly, the term “United States***” can refer to the 50 sovereign States which are united by and under the Constitution for the United States of America. In this third sense, the term “United States***” does not include the federal zone, because the Congress does not have exclusive legislative authority over any of the 50 sovereign States of the Union. In this sense, the term “United States***” is a plural, collective term. It would be proper therefore to say, “These United States***” or “The United States*** are ...” and so on. The Informer completes the trio by describing Citizenship in these “United States***” as follows:

3. I am a Citizen of these United States***. Here you have defined yourself as a Citizen of all the 50 States united by and under the Constitution. You are not possessed by the Congress (United States**). In this way you have a national domicile, not a State or United States** domicile and are not subject to any instrumentality or subdivision of corporate governmental entities.

[Which One Are You?, pages 11-12]
[emphasis added]

Author and scholar Lori Jacques summarizes these three separate governmental jurisdictions in the same sequence, as follows:

It is noticeable that Possessions of the United States** and sovereign states of the United States*** of America are NOT joined under the title of “United States.” The president represents the sovereign United States* in foreign affairs through treaties, Congress represents the sovereign United States** in Territories and Possessions with Rules and Regulations, and the state citizens are the sovereignty of the United States*** united by and under the Constitution .... After becoming familiar with these historical facts, it becomes clear that in the Internal Revenue Code, Section 7701(a)(9), the term “United States**” is defined in the second of these senses as stated by the Supreme Court: it designates the territory over which the sovereignty of the United States** extends.

[A Ticket to Liberty, Nov. 1990, pages 22-23]
[emphasis added, italics in original]

It is very important to note the careful use of the word “sovereign” by Chief Justice Stone in the Hooven case. Of the three different meanings of “United States” which he articulates, the United States is “sovereign” in only two of those three meanings. This is not a grammatical oversight on the part of Justice Stone. Sovereignty is not a term to be used lightly, or without careful consideration. In fact, it is the foundation for all governmental authority in America, because it is always delegated downwards from the true source of sovereignty, the People themselves. This is the entire basis of our Constitutional Republic. Sovereignty is so very important and fundamental, an entire chapter of this book is later dedicated to this one subject (see Chapter 11 infra).

The federal zone, over which the sovereignty of the United States** extends, is the District of Columbia, the territories and possessions belonging to Congress, and a limited amount of land within the States of the Union, called federal “enclaves”.

The Secretary of the Treasury can only claim exclusive jurisdiction over this federal zone and over citizens of this zone. In particular, the federal enclaves within the 50 States can only come under the exclusive jurisdiction of Congress if they consist of land which has been properly “ceded” to Congress by the act of a State Legislature. A good example of a federal enclave is a “ceded” military base. The authority to exercise exclusive legislative jurisdiction over the District of Columbia and the federal enclaves originates in Article 1, Section 8, Clause 17 (”1:8:17”) in the U.S. Constitution. By virtue of the exclusive authority that is vested in Congress by this clause, Congress shall have the power:

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States**, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;

[Constitution for the United States of America]
[Article l, Section 8, Clause 17]
[emphasis added]

The power of Congress to exercise exclusive legislative authority over its territories and possessions, as distinct from the District of Columbia and the federal enclaves, is given by a different authority in the U.S. Constitution. This authority is Article 4, Section 3, Clause 2 (”4:3:2”), as follows:

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States**; ....

[Constitution for the United States of America]
[Article 4, Section 3, Clause 2]
[emphasis added]


19 posted on 11/29/2011 5:50:27 PM PST by phockthis
[ Post Reply | Private Reply | To 17 | View Replies ]


To: phockthis

All very well and good, but you still have not explained the difference between a citizen of the United States and a United States citizen. But you do get points for your attempt to change the subject.


20 posted on 11/29/2011 5:59:52 PM PST by La Lydia
[ Post Reply | Private Reply | To 19 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson