Within the 14th Amendment charitable trust, there is no separation of church and state. Organized religion today is in bed with the government and they are "one flesh" with it. A majority of the public interest of churches today centers on the social issues the government is developing policy over, while the churches are oblivious to the fact that the government is operating as a charitable church trust. That is, government is nothing more than a political church trust for charitable purposes.
The reader must understand that what a man believes in his conscience is his religion. It matters not whether he or she belongs to an organized denomination. It does not even matter if they believe in one God, fifty Gods or no God, their personal belief is their conscience and religion. The conscience or belief of a man is changeable. It is conditioned according to where he or she was born, raised and educated. Conscience is being influenced every day by what one encounters, therefore the conscience is not absolute but rather abstract. What one man would decide regarding some incident or happening may not be the same as what another would decide.
The 1st Amendment of the Constitution was for the purpose of preventing religion from becoming government policy.
Amendment I. (1791) "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, of the press; or the right of the people peaceably to assemble and to petition the Government for a redress of grievances."
However, this Amendment has been misunderstood according to the court cases that have dealt with it. What the first Amendment is about (literally) is to prevent an individual's personal religious - conscience - from being legislated into law as public policy. The first Amendment said the government was not to interfere with one's right to express his conscience by making any public policy based on it.
"... the term "religion" in this Amendment refers exclusively to a person's views of his relations to his Creator, though often confused with some particular form of worship, from which it must be distinguished;..."/48
"First Amendment gives freedom of mind same security as freedom of conscience."/49
Because of its abstractedness and changeableness, religion has no place in the law. The Law deals only with absolutes. Law is based on the unchangeable just as the laws of the universe express themselves through unchangeable principles - movements of the earth around the sun and seasons of year, etc.. Law is man's right to be free to follow the dictates of his own conscience without harm or interference to himself or others. Roman civil law, as discussed earlier, is the opposite, it dictates what the conscience of an individual should be obligated to by way of the civil government's Codes and laws.
Since the 14th Amendment, religious conscience has been allowed to become public policy. That is, contrary to the first Amendment, a man or a few men's religious ideas are now constantly becoming or changing public policy because of the formation of the public charitable (church) trust of the 14th Amendment operating outside the confines of the Constitution. Any organization that is incorporated with a non-profit status will fall into the category of a "church" and is involved in public policy of the 14th Amendment church. They are benefiting as a beneficiary of the trust. This means that all income received comes from the trust because of the privilege of existing in the abstract non-profit corporate status. Parallel to this, all profit corporations are churches as well because of their relationship with the 14th Amendment trust. Under the 14th Amendment, individual "persons" are put on the same level as corporations - also called "persons." The "state" becomes the conscience of every member of its charitable trust and the conscience of the trust is the one who has the greatest amount of influence or money - viz., special interest groups - to sway (viz., lobby) the legislators. If you are involved in trying to influence and shape legislative law - abortion, gun control, vitamin supplements, etc. - you are involved in special interests attempting to dictate public policy by way of the private religious conscience church known as the 14th Amendment charitable public trust of the United States - the federal government.
Non-profit groups, small or large, are dead to the law of the Republic. In other words, the "person" is considered an artificial creation of the state or a reincarnated group of legally dead people acting as one corporate person. The jurisdiction in which these "persons" exist is a religious jurisdiction. The only courts that "persons" of the 14th Amendment have access to are legislative courts also called ecclesiastical courts, because they operate in a papal fashion - dictating the conscience of the church (Pope - 14th Amendment charitable trust) as law.
Take a look at the word diocese, decease and decado. The words demonstrate the jurisdiction, the state of existence and the movement of the persons in the 14th Amendment church trust.
Diocese, n. [OF. diocise, fr. L., Gr. dioikesis housekeeping, province, diocese, deriv. of dia through + oikein to manage a household, fr.oikos a house.]./50 Province is also the district over which the jurisdiction of an archbishop extends. Hence Provincial Courts, the ecclesiastical courts of the two archbishops.
A territorial division, or colony, of a country.
Duty; power; responsibility; thus it is the province of the court to judge the law, that of the jury to decide the facts./51
Province, in ecclesiastical geography, usually denotes that union of several dioceses which constitutes an archbishopric; it is often conterminous with several states with an entire country, or with several countries./52
Decease, n. [OF. deces, fr. de + cedere to withdraw.]./53
Decedo (decedent) I. to move down duly, withdraw, retire, `clear out' (with idea of making way for another). a. to retire (in favor of another), to give up rights, possessions, etc. b. to give place, yield to. c. Of living beings: to depart (from life), to dies. d. Of things: to abate, subside, cease. II. to go away; go wrong, depart, swerve. 2. Transf. Of duty, faith, etc./54
Because an individual is dead to and departed from the light and life of the law - given up his or her own conscience for another's, viz., the trust - they have descended down from being an absolute sovereign into a lessor law of servitude to the conscience authority of a territory, a territory over seen totally by policy dictated by the conscience of a few controlling the masses for their assumed best good. The person is considered an incompetent under the 14th Amendment. That is, you are incapable of managing your own affairs and have agreed to all of this by your silence - a silence of ignorance. Silence on your part is assumed as acceptance of the economic benefits you were offered at birth by the operation of the 14th Amendment trust law.
On July 27, 1868, one day before the 14th Amendment took effect, an "Act" of Congress was passed. This Act was 15 United States Statute at Large,/55 known as the "Expatriation Statute." Though this Statute is no longer included in the United States Code, it has not been repealed and is still in effect./56 This Statute is extremely important because it is the public municipal law the individual can use for private purposes to remove him/herself from the private trust law operating in the public sector. That is, a private individual, who has found himself or herself bound by private law that is being used in the public sector to promote public policy of compelled performance which he did not have a choice in, can access the public positive statute law to move back under the liberty and protection of the Republic and its separation of powers.
The preamble of 15 United States Statute at Large is unique in that Congress laid the legal discussions to rest before the Statute took effect to assure it would not be tampered with legally in any way. It stands as written and is there for the citizens to use as Public Law for the private purpose of moving themselves from one political or territorial jurisdiction to another. This means there is a way out at anytime of any United States government policy or law, including those of its political subdivisions, that is based on private law. Whenever you find yourself bound by any compelled performance you had no choice in, you are operating in the jurisdiction of the United States government and its political subdivisions where there is no republican form of government and its separation of powers. By applying Public Laws for your private benefit, you can break that dictatorial jurisdiction anytime you choose.
The insidiousness of the 14th Amendment is that even though it is private contract law of a trust, it is not a bilateral contract where both parties sign the document after a meeting of the minds. The 14th Amendment is "quasi contractual." That is, it is not a true contract as recognized in the general common law, rather it is called an "adhesion" or "unilateral" contract where only one party binds himself. In this case, a person agrees to the private trust law merely by his silence. If a person does not speak up to let his choice be known, the trust will assume he or she is a part of and beneficiary of it. They will assume that you have gifted your life to the trust for the benefits they have to offer.
Under the 14th Amendment, the citizen [who does not make his choice known for or against the trust relationship], is assumed to be a beneficiary because he or she has not stated otherwise. As a beneficiary, you are an outlaw as far as the Constitution is concerned. You are operating outside of the Constitution. While operating outside the Constitution you only have relative rights under the Bill of Rights and the Constitution because private contract law takes priority over constitutional law.
As long as you are under private trust law operating as public policy, you are under the conscience of the few who influence and make the public policy of the trust for the benefit of its members. These groups are known as "special interest" or "political action" groups. This is why the news reports almost daily that some poll has been done to see how the people feel. Under the 14th Amendment public trust, majority rules. This is why you hear the word: "democracy" all the time. It refers to the 14th Amendment public trust that everyone is a part of because of their silence. It tells you that "mob rule" and "communalism" are the order of the day; it tells you that if a special interest group can create enough waves of influence, the trust will be compelled by popular demand to accept the new policy the special interest group has been promoting. If you are a part of the democratic trust, you have to go along if you do not know your options.
Private law is conscience, ecclesiastical and religious law. They are equal to each other. Under the 14th Amendment trust, there is no true religious liberty because the individual is part of the conscience of the trust and the few that make its rules called "Codes." In fact, there are no true freedoms at all as listed under the Bill of Rights. Try publicly saying much against the IRS and their prima donna attitude and see how absolute your liberty of speech is. As alluded to earlier, the free citizen of the soil of each "state in this union" is not affected by the private law of another individual or group trust unless they choose to bind themselves by silence. Silence is slavery under Roman civil law principles. Unless one stands to claim his sovereign rights, he does not have any. Each person must exercise a choice to be free or enslaved. The public municipal law will uphold your right of choice, but you must make a choice the law can uphold.
Yes, if your are a beneficiary of the trust you are living under an administrative democracy (parliamentary democracy) - a communal association - where there is no separation of powers and your private rights are subject to the will of the majority. You have no absolute rights, only relative rights. The Codes and revised Statutes are for the general good of the association. Few citizens of the (u)nited States realize the "Republic for which it stands" is a house with no one living in it.
With or without the check of a dictator, power has been passing from the legislature to the civil service or bureaucracy, which alone feels competent to manage the complex and technical business of the state./57 Anglo-Saxon countries are taking a place alongside of the countries of continental Europe with a body of administrative law and its administrative courts, at least in embryo. The popular conception of liberalism is undergoing a great change. Liberty lingers on as a name, but a name used to designate almost the opposite of nineteenth century liberalism; for the new liberty consists mainly in legislative restrictions which keep one man from exploiting another while the state exploits both./58
Now take a look at how your own federal government defines the difference between a republic and democracy. The following was taken from U.S. Government Training Manual, No. 2000-25 dated WAR DEPARTMENT, Washington, November 30, 1928 and prepared under direction of the Chief of Staff. Under which do you live?
DEMOCRACY: A government of the masses. Authority derived through mass meeting or any other form of "direct" expression. Results in mobocracy. Attitude toward property is communistic- negating property rights. Attitude toward law is that the will of the majority shall regulate, whether it be based upon deliberation or governed by passion, prejudice, and impulse, without restraint or regard to consequences. Results in demagogism, license, agitation, discontent, anarchy.
REPUBLIC: Authority is derived through the election by the people of public officials best fitted to represent them. Attitude toward property is respect for laws and individual rights, and a sensible economic procedure. Attitude toward law is the administration of justice in accord with fixed principals and established evidence, with a strict regard to consequences. A greater number of citizens and extent of territory may be brought within its compass. Avoids the dangerous extreme of either tyranny or mobocracy. Results in statesmanship, liberty, reason, justice, contentment, and progress. Is the "standard form" of government throughout the world. A republic is a form of government under a Constitution which provides for the election of
an executive, and
a legislative body, who working together in a representative capacity, have all the power of appointment, all power of legislation, all power to raise revenue and appropriate expenditures, and
are required to create a judiciary to pass upon the justice and legality of their governmental Acts, and
to recognize certain inherent individual rights.
Take away any one or more of those four elements and you are drifting into autocracy. Add one or more to those four elements and your are drifting into democracy. Superior to all others. Autocracy declares the divine right of kings; its authority can not be questioned; its powers are arbitrarily or unjustly administered. Democracy is the "direct" rule of the people and has been repeatedly tried without success. Our constitutional fathers, familiar with the strength and weakness of both autocracy and democracy, with fixed principles definitely in mind, defined a representative republican form of government. They "made a very marked distinction between a republic and a democracy and said repeatedly and emphatically that they had founded a republic."
A French diplomat, politician and statesman by the name of Alexis de Torqueville made the following observation about the democracy of the United States when he visited here in the early part of the eighteen hundreds:
"The tyranny of public opinion," de Torqueville argued, "could prove more burdensome than the tyranny of any monarch. Democracy (communalism) does not guarantee efficient government; it does provide freedom for the pursuit of one's own interest, subject always to the tyranny that comes from the majority insisting that its values (religious conscience) and ideas should be safeguarded."
Torqueville saw the new state power as rather like that of the parent, except that the parent prepared the child for manhood; the democratic state was interested in perpetuating childhood in man. It would provide for his necessities, facilitate his pleasures, and direct his industry.
"What remains," Torqueville asked, "but to spare them all the care of thinking and all the trouble of living."/59
Between 1868 and 1933, the 14th Amendment had little affect upon the general population. This was because the people still controlled the substance of their law. That is, the only people affected by the 14th Amendment relation during this time were those that held licenses and contracts with the government of the United States or were in its employment. It was not until June 5, 1933 that the 14th Amendment took on a whole new power. On that date H.J.R. (House Joint Resolution) 192 was passed and the American people voluntarily gave up their Law because they voluntarily gave up their gold.
That is correct, the people voluntarily gave up their Law. To read the history just after that time and talk to people who lived through it, they will tell about the government agents who came around to confiscate the gold that was in the possession of the people. It appeared from what took place that the people were forced to give up their gold. However, that is not what could have happened. Going along with the "Public Policy" of HJR 192 was actually a voluntary act - "and is mutable at will."/60 Thus the individual was a victim of his own ignorance about the Law. By accepting the offer of the private credit, the population was automatically bound over to the private trust, now having gone public because the whole population was moved wholesale into the trust by their silent or negative acceptance. When 51% of the population volunteered for the private trust it became a Public Trust.
To understand issues that proceeded the 1933 event, we must go back to 1834 when the U.S. Supreme Court declared in Wheaton v. Peters/61 that there was no federal common law. In other words, the federal government was not set up under the common law as a "state in the Union," such as Pennsylvania, Virginia, New York, etc.. These states were based upon the substance of the common law and its allodial land titles. Allodial means there are no overlords upon the land, therefore, man is his own King upon the land. The gold and silver that came from the allodial land were public money used for private trade between the citizens of the states. This meant there were no third parties involved in the trading contracts because there was no private enterprise trust (as the 14th Amendment) dictating public policy. Trade among the states, at that time, involved two party contracts called free enterprise. The commercial trade taking place between the states was mostly in its infant stages and was regulated by the common law. Yet, the common law of each colony was foreign to each of the other colonies without any standard of trade. Most of the commercial (political commercial/62) trade involved international trade which was regulated under admiralty/maritime law outside constitutional mandates.
With the growth of commerce between the states, there became a need to try and standardize some form of commercial law. Each state had its own laws of commerce, as based on the common law, and this created great problems when it came to which state's laws were to be enforced when disputes arose. A federal circuit court judge, by the name of Joseph Story, was a pioneer in trying to form some sort of standard in commercial law that would appeal not only to the federal courts, but also to the state courts.
When Story was appointed to the supreme court of the united States he became the principle advocate in the landmark decision of Swift v. Tyson,/63 establishing a general federal (civil commercial/64) common law so as to create uniformity in commercial disputes involving negotiable instruments in federal and state courts./65 The decision was based, in part, on the fact that gold and silver coins, as the substance of the common law, were being transported between states in commerce. As a result of the substance of the common law being used in commerce, a jury trial was possible in the federal circuit courts. The court proceedings were strictly operated under authority of Article III, Section 2 of the Constitution.
Justice Story/66 had been aware of Robert Owen's communal concepts in 1833 and the influence it could have on the loss of gold as a fixed standard in trade. Owen was instrumental in promoting ideas of how to move private communal commerce into the public sector. To accomplish this, the law would have to be changed in order to obtain the maximum financial stimulus for commercial growth. For a man like Story, who knew the relationship of gold to the Law, he could read the handwriting on the wall. With the undercurrent of corporate special interest scheming that started in 1833, Story knew that somewhere down the road the American people would lose their Law. He knew this would eventually allow private law (private law merchant) to be moved into the public sector controlling public policy, resulting in the loss of general (commercial) common law for those involved. In other words, separation of powers would be lost in favor of the private commercial corporate business to the detriment of the average citizen.
Also in the 1842 Swift v. Tyson decision, Justice Story would assure a trial by jury in a civil cause between states even if there was no gold standard in the future.
What does a jury have to do with the fixed gold standard? Gold was the land because it not only came from the land, but it was also transportable real estate (portable allodium). The ancient common law was based on the real property boundaries or soil that belonged to a person and anything that came from that ground or soil, such as gold or any other precious mineral or rock, was considered substance of the soil in the common law./67 Gold in the hands of the common person meant the public municipal law (Public Law merchant) was "supreme" because the person controlled the gold or land where the goods were produced. In the true historic sense of the common law, the only person who counted was the land owner. That is, you could be equivalent to a slave if you did not own land. Also, at the beginning of our country, one could not vote unless they owned land. In a jury trial, the jury had to be made up of the peers of the person on trial. The only true peer of a non-commercial individual land owner under the common law was another land owner. Land ownership being based on absolute rights with allodial titles - no outside private equitable interest or overseer involved.
Historically, the commercial traders and merchants were nomads. They were not land owners nor were they producers. What they made money on was trading in the commodities the land owners produced. In other words, they were the original broker middle men. When the fixed gold standard was removed, it meant that everyone had been shifted from the civil commerce (Public Law merchant) side of the law to the political commence (private law merchant) side of the law. Where once you were considered to control the land and the Law absolutely, now you are considered to be a non-producing trader with only relative equitable rights - land or no land. The result is that there is no more possibility of a trial to judge the public municipal law, rather the trial would be based on the facts of the private implied contract you were now assumed to be involved in. You are assumed to be guilty before proven innocent. It is the Roman civil law that makes you guilty by accusation requiring you to prove your innocence.
Swift v. Tyson has been in effect since 1842. However, the Erie Railroad v. Tompkins/68 decision of 1938 stated that there was no longer "general federal common law." The Erie Railroad case was based on the fact that it was assumed that all citizens in the United States have been included in contractual commerce of the private law merchant (through the 14th Amendment and HJR 192) outside the Constitution as allowed by Article I, Section 8, Clause 17. The Erie Railroad decision came five years after HJR 192 (the removal of the fixed gold standard). This allowed enough time to pass so the when people realized that they had no right to a real jury trial, they would not panic. Erie Railroad was based on HJR 192 because the fixed standard (the law or the gold) of money was removed.
It is now up to the individual which commerce he wants to be a part of, for it is a political choice. Do you want to be a part of the political commerce under the private law merchant of the 14th Amendment sustained by Erie Railroad v. Tompkins? Or do you want to have absolute liberty and all the absolute freedoms of civil commerce under the Public Law merchant as supported by Swift v. Tyson? Remember, the courts will not question your political choice but they must uphold it. However, unless you take the proper action, your choice will be assumed to be with the private law merchant.
With HJR 192, the substance of your law - gold - was turned into commodities. That is, the fixed standard, at $35.00 per troy ounce of weight and fineness of your money was removed. Once the money no longer had a fixed standard, it could then fluctuate according to supply and demand just like a commodity i.e., a bushel of grain. This had the same effect on real property as well - this is called inflation. Money is the only Thing in the United States that has no fixed standard.
You can still function and contract within the money system of the Republic using the private money because Congress suspended the "Payment" of debt in Law by suspending the fixed gold standard. Even though one is outside the 14th Amendment trust, and not a part or beneficiary of the public policy of the trust, you cannot "Pay" your debts in Law. All you can do is "discharge" your debt in equity./69 Because of this, you are the only one who can determine your worth and values in money and other wise when not under the 14th Amendment.
Please note: the explanation of the money system in this section is for educational purposes only. It is never to be used in any legal arguments, because the choice of the money (public or private) is a political question which the courts do not have jurisdiction to decide.
When the fixed gold standard was suspended in 1933 by HJR 192, it was not an abolishment of the standard or the law associated with it, it was just suspended. That is, it was set aside in favor of another law. It was a political decision based on the fact that the people did not rise up and tell Congress that you cannot take away our law or gold (money). Therefore, the treasury agents came and confiscated the gold (being the Law) because the people did not choose to keep the Law. The individual could have stopped that from happening, but he would have had to have made his legal and political declaration to not be involved with private law for public purposes (democracy) under the 14th Amendment. Because the people were ignorant of what was taking place by operation of law under the 14th Amendment, no one knew how to expatriate back into the Republic Law that was still there.
The Erie Railroad decision saying there was no "general federal common law" was based on the fact that the man who sued the railroad was an outlaw to the Constitution. That is, he had no standing in absolute constitutional law because he was a 14th Amendment citizen and therefore he could not call on any general federal commercial common law that still existed in the Republic for protection./70 He had chosen, by the default of silence, the private law of the 14th Amendment trust for public purposes. He could not claim any rights based upon the Swift v. Tyson decision nor could he access Article III, Section 2 courts of "judicial Power." Instead, he could only be compelled to resort to Article I legislative courts that operate outside the U.S. Constitution.
The Constitution of the (u)nited States of America uses the term: "the several states." This means the territorial government and its Article I ecclesiastical or legislative courts. Under Article IV, Section 4, the Constitution uses the term "states in this union." "States in this union" is different from "the several states" as used in Article I of the Constitution. Article IV, Section 4 of the Constitution guarantees the republican form of government. "States in this union" is referring to public municipal law of the Republican states for private purposes while "the several states" refers to private law for making public policy, i.e., trust law including the Uniform Commercial Code./71 Before 1933, you did not have to call on the republican form of government and Article III, Section 2 courts of "judicial Power" because it was automatically there because the gold was there. After 1933, you have to call on the (public municipal law) for private purposes to have the republican form of government because the fixed gold standard is not there. Gold coin today is commodity gold (also called "fiat money") and that is why it fluctuates in value on the commodity market daily. It is not guaranteed by the U.S. Treasury as to its weight, fineness and fixed standard.
As to the 16th Amendment, it has not applied since 1933. Today, the 16th Amendment pertains only to the federated states as political subdivisions of the District of Columbia as well as American Samoa, Guam, Puerto Rico, etc., and are construed as "(S)tates" of the United States; not to be confused with the 50 (s)tates of the (u)nion.
Remember that you are presumed to be a 14th Amendment citizen since 1933 unless you bring forth evidence to prove your political choice is otherwise. It is all a part of your express Will. Silence on your part means that you have conveyed your property to the public trust and want to be treated as a constructive trustee outside the Constitution. The IRS and the State Tax Boards are the trusters of your estate because of your silence. If you want to get back to the republican form of law, you have to use the state probate court to sever the trust relationship. Once the trust is broken by the courts noticing your Will in expatriation, you can take back your estate. The trusters received your trust by operation of law. You can only take it back by exercise of your private use of public municipal law. Also remember that the individual is presumed to know the law. Ignorance of the law is not an excuse.
Another very important reason for the courts having to sever the trust relationship is to protect the trust. If there was no judicial noticed action, there would be nothing to stop the individual from bringing suit against the trust to receive benefits from it even though they had never paid a dime in the form of taxes.
The founding fathers established a republican form of government right in the beginning. And what is unique about the (u)nited States being a Republic is that we had a Constitution to spell everything out about its operation in relationship to its Citizens. The Constitution of the (u)nited States of America was designed to protect the minority from the majority. All other republics fail mainly because they do not have an instrument that defines what the republic is and how it should operate.
From the beginning, federal district courts had no jurisdiction to deal with the private individual. They only handled admiralty- maritime issues. There were only circuit courts and the (s)upreme (c)ourt of the united States operating in the United States government that could have jurisdiction over matters involving diversity of citizenship. That is, matters involving citizens from different states. The state courts handled federal questions because they being courts of original jurisdiction in issues that involved contracts. When the 14th Amendment came along, the United States district courts could have jurisdiction in private matters of individuals involved in the trust because the trust and its members now came under admiralty-maritime law outside the Constitution as did all international trade. At that point, the federal courts were given "in rem" jurisdiction over the people. The "res"/72 was with the people, because there was no public debt. The "in personam" jurisdiction did not apply to the average citizen because the government had no direct contact with the people who lived in the states until after 1933. When the fixed gold standard was removed, the people lost their Law. Before 1933, the federal courts could not assume jurisdiction over a person. There had to be some bilateral arrangement (contact/conveyance establishing a res or "thing") that would have given the court jurisdiction over the people in personam.
All the changes from civilian methods result from these changes - the perverted use of "person" and the new concept of "res."/73
The "Law of persons and things" is the "law of Status." "Law of Things" is "Law of Property" - or contract. Any changes in an individual's standing in the law are a result of how he unknowingly allows a res to be formed and thereby becomes subject to another jurisdiction.
There is a difference between "subject matter jurisdiction" and "jurisdiction of the subject matter." The courts have jurisdiction of the subject matter of the trust res under the 14th Amendment. But as a non-14th Amendment citizen, there is no res to which they - the court - can attach jurisdiction. However, there are areas in the law whereby you can re-convey subject matter jurisdiction to the court.
Before 1933, the federal courts did not have in rem jurisdiction to compel performance of the general public because the people had not given up the law (gold). Unless there was some bilateral contract involved in a dispute, the federal courts could not attach jurisdiction over a person. The federal courts only dealt primarily in contractual disputes between citizens of different states. After 1933, the people contracted for more debts than there was gold to back up those debts. Something like $28 billion in debt with only $4 billion in gold to back it. When Congress suspended the gold standard, the nation was thrown into a debtor/creditor relationship because the people are the posterity of the country, they are also the posterity of the debt through the social security system while remaining under the 14th Amendment because it made one primarily a United States (c)itizen and secondarily a citizen of the state. So under the 14th Amendment, you automatically became responsible for servicing the national debt in order to maintain the social security system./74 [Review footnote 24 on constructive trusts].
The public debt then establishes a res in the District of Columbia and since you are primarily a United States (c)itizen under the 14th Amendment, you automatically become a beneficiary of the debt. The res is the debt as well as the subject matter. The public debt operates outside Article III, Section 2 of the Constitution of the United States. This is why the whole judicial system operates outside the Constitution in that they operate only under Article I as judicial functions. Every judge then can render decisions based on his own prejudices, not on constitutional law of the Republic. Since the 1938 Erie Railroad decision, justices have been free to render Article I ecclesiastical or legislative court decisions based on their own desires or political pressures, not on the Constitution, and they are immune from suit because it is a judicial function, not a "judicial Power" as Article III, Section 2 courts.
Under the 14th Amendment trust relation, the federal government, in dealings with its citizens, automatically has "in rem" jurisdiction over all 14th Amendment citizens (also called U.S. (c)itizens). When the government has in rem jurisdiction, they automatically receive "in personam" jurisdiction at the same time.
"Jurisdiction in rem depends solely on the physical control of the res by the sovereign exercising jurisdiction [14th Amendment jurisdiction of the public charitable trust of D.C.] ... thus where property is carried into a foreign territory [District of Columbia] without the cooperation of consent of the owner, jurisdiction cannot be exercised."/75 [Bracket information added]
General jurisdiction is public municipal law for private purposes, while local jurisdiction, also called "local laws," are private law for public purposes.
When a person expatriates using 15 Statute at Large, his or her whole estate comes back out of the trust. So the state, under "local law" (that is, Washington D.C. and its political subdivisions) loses the in rem jurisdiction and therefore automatically loses in personam jurisdiction. The court can compel you to appear, but cannot attach subject matter jurisdiction because the subject matter, or the trust res, is no longer in Washington D.C. or its political subdivisions. It has been removed back under the Republic by your political Will in fact, and in law.
HJR 192 is mutable by will./76 The insolvency of the government, as declared by suspension of the gold standard, is not something that everyone has to participate in. Not everyone has to be an "insolvent." The people put more demands on the payment of gold than there was gold in the treasury so the gold standard was suspended. But the individual does not have to go along with public policy, especially public policy that was a result of private law, viz., private law for public purposes.
Before June 5, 1933, there was public money for private debts. After June 5th, there was private money for public debts. Now all private credit money operating in the public sector as public policy is all that has been available to discharge (not pay) private debts since June 5, 1933. The individual who is a non-14th Amendment citizen can technically maintain the "gold standard," because all the taxes of compelled performance do not apply to him. Inflation is due to taxes because the taxes support non - producers and thus a sounder dollar results when no taxes are paid.
Since June 5, 1933, everything is predicated on your personal Will. Through public policy and the silence of the individual, it has been assumed that the individual wants to continue the trust relationship and therefore the individual must perform. Performing to the insolvency means that you must contribute to the insolvency. However, the individual does not have to stay bound to the debt of the public policy because it is "mutable by will." That is, the individual must state his or her will or choice and the law will uphold that individual choice to make public policy toward him of no effect. HJR 192 is an Act that is open ended. That is, you can participate in the public policy that HJR 192 established or you can decline to participate.
It must be understood that in order to make public policy mutable by the Will of the individual, very definite legal procedure must be exercised along with the proper statute law. The Statutes must be exercised with the proper legal procedure to accomplish "mutable by will" viz., state Probate Code, along with 15 Statute at Large published legal notice by Declaration. The Declaration is an express testamentary Will when it has been properly signed and witnessed and published.
Hanson v. Denckla/77 deals with the 14th Amendment jurisdiction. The trust in dispute was a private trust set up according to public municipal law for private purposes in the state of Delaware without any third party relationship.
Prior to the 14th Amendment, an exercise of jurisdiction over person or property outside the foreign state was thought to be absolute nullity, but the matter remained a question of state law over which the court exercised no authority. With the adoption of the 14th Amendment, any judgment purporting to bind the person of the defendant over whom the court had not acquired in personam jurisdiction was void within the state as well as without. Pennoyer v. Neff, 95 U.S. 714 Since the state is forbidden to enter a judgment attempting to bind a person over whom it has no jurisdiction, it has even less right to enter a judgment purporting the interest of such person and property over which the court has no jurisdiction. From Pennoyer v. Neff we come to the more flexible standard of International Shoe Co. v. State of Wash., 326 U.S. 310, but it is a mistake to assume that this trend heralds the eventual demise of all restriction on personal jurisdiction of state courts. Those restrictions are more than a guarantee of immunity from inconvenient or distant litigation. They are a consequence of territorial limitations on the power of the respective states. However minimal the burden of defending in a foreign tribunal a defendant may not be called on to do so unless he had minimal contacts with that state that are a prerequisite to its exercise of power over him. This means that Florida had no relationship or contract that tied back to the corpus of the trust in Delaware. Therefore, the 14th Amendment did not apply as to give Florida any jurisdiction. Even before passage of the 14th Amendment, the court of International Shoe Co. sustained the state courts in refusing full faith and credit to judgments entered by courts that were without jurisdiction over a non resident defendant. But it is essential in each case that there be some act by which the defendant purposely avails itself of the privilege of conducting activities within the forum state thus invoking the benefits and protection of its laws.
The "forum state," in the case of the non-14th Amendment citizen, is the corporate municipal city of Washington, D.C.. "Full faith and credit" means that we will recognize your laws if you will recognize our laws. So in this particular case, the U.S. (S)upreme (C)ourt was saying that Florida had no legal direct tie to the corpus or body of the trust and therefore they had no full faith and credit under the 14th Amendment to give jurisdiction to act on. The U.S. (S)upreme (C)ourt based their decision on the ruling of the Delaware Supreme Court who had ruled on the corpus of the trust and what the intent of the settler (the person who made the trust) was.
In other words, the 14th Amendment can work in the favor of non-14th Amendment persons because it brings a dividing line down between the Public Laws and the private laws.