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Welcome to Call to Decision
of the United States Date: Thu, 14 Jun 2007 12:21:20 -0500
Hello Dave:
The capital "C" citizen issue has substance but will get no one anywhere. The fact is that people are members of the body politic created by the 14th Amendment. The issue of the "citizen of the United States" is covered in this article: http://www.pacinlaw.org/pdf/Citizen_of_the_United_States.pdf Also it is true, there are no longer any [T]erritories of the United States, only territories and possessions. The best I can tell you is that the below defintion covers it pretty complete. Also see the articles in the links provided below. The following from American Heritage Dictionary: ter·ri·to·ry n., pl. ter·ri·to·ries. Abbr. ter., terr., t., T. 1. An area of land; a region. 2. The land and waters under the jurisdiction of a government. 3.a. A political subdivision of a country. b. A geographic region, such as a colonial possession, that is dependent on an external government: the territories of the Holy Roman Empire. 4. Often "Territory" .a. A subdivision of the United States that IS NOT a state and is administered by an appointed or elected governor and elected legislature. b. A similarly organized political subdivision of Canada or Australia. Note defintion 2 and 3a above (and even 3b). Remember that the Fourteenth Amendment States are political subdivisions of the United States. These "political subdivisions" of the "United States" are part of the country (known as America). The United States of America (in strict sense under international law) IS NOT a country: Each state of the Union IS A country. Before the 14th Amendment each state had political autonomy. The 14th Amendment destroyed this. Again, the United States of America is not a country. It only has some appearance of being such under international law. This article covers defintion 2 and 3a above and my noted comments: http://www.pacinlaw.org/pdf/The_Establishment.pdf The fact is: there are technically no "citizens" at this time like people tend to believe. The 14th Amendment destroyed that status. This issue is covered by this article: http://www.pacinlaw.org/pdf/14th_Section_2.pdf
Best regards, LB Bork www.pacinlaw.org ~ www.statenationals.net Multi multa, non omnia novit = Many men know many things, no one knows everything. Have you been Deprogrammed? www.deprogram.us
~~~~~~~~~~~~~~~ -----Original Message----- From: David Sent: Thursday, June 14, 2007 11:43 AM To: LB Bork Subject: Fwd: Proof?? regarding small "c" on citizen vs. cap "C" on Citizen of the United States
LB, I recall that you have sddressed the issue of territory compared to Territory.
I don't see the proof Sue Anne alludes to, but see it as evidence that may have some validity.
Any comments?
David
Date: Wed, 13 Jun 2007 10:04:35 -0700 (PDT) From: Sue Anne Subject: Fwd: Proof?? regarding small "c" on citizen vs. cap "C" on Citizen of the United States To: Address Confidential
rj3@comcast.net wrote: Date: Wed, 13 Jun 2007 10:34:21 -0400 To: Learning Electronically About Freedom mailing service From: rj3@comcast.net Subject: Proof?? regarding small "c" on citizen vs. cap "C" on Citizen of the United States
Deerudd, Can you please tell me what treatise you found this in? Thanks, Keith
For years I have heard squabbling over the fact that the small "c' on citizen of the United States vs. the capital "C" on Citizen of the United States has no meaning.
I found this statement in 4 USC Sec 111:
The word "territory" is not capitalized as there are no longer any "Territories."
Looks to me like capitalization has meaning.
WHAT IS A "citizen of the United States"
Before the Fourteenth Amendment was added to the Constitution of the United States the judge stated in Ex Parte Frank Knowles, 5 Cal. 300. 302 (July 1855), "it might be correctly said that there is no such thing as a citizen of the United States."
The Fourteenth Amendment to the Constitution of the United States (14 Stat. 358 dated June 16, 1866; probably ratified by July 9, 1868) "created 'citizens of the United States', and its sole 'pervading purpose' was 'the freedom of the slave race.'" See Page 1674-1675 of the book The Constitution of The United States of America, Analysis and Interpretation quoting the Slaughter House cases, 83 U.S. (16 Wall) 36, 71, 77-79 (1873). This book is certified as to its authenticity from the U.S. Government Printing Office, ISBN: 0-16-072379-5 and qualifies as evidence under FREvid 901
The following information comes from the said book:
FOURTEENTH AMENDMENT
SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
CITIZENS OF THE UNITED STATES
The citizenship provisions of the Fourteenth Amendment may be seen as a repudication of one of the more politically divisive cases of the nineteenth century. Under common law, free persons born within a State or nation were citizens thereof. In the Dred Scott Case, however, Chief Justice Taney, writing for the Court, ruled that this rule did not apply to freed slaves. The Court held that United States citizenship was enjoyed by only two classes of individuals: (1) white persons born in the United States as descendants of "persons, who were at the time of the adoption of the Constitution recognized as citizens in the several States and [who] became also citizens of this new political body," the United States of America, and (2) those who, having been "born outside the dominions of the United States," had migrated thereto and been naturalized therein. Freed slaves fell into neither of these categories.
Because the States could not declare these freed slaves as citizens of the United States, the Fourteenth Amendment came into being. However, there were less rights with this type of citizenship.
Jones v. Temmer, 829 F. Supp. 1226, 1232 (1993) admits that the Bill of Rights (Amendments I through X) to the Constitution of the United States does not protect the citizens of the United States that have been created by the 14th Amendment:
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.
In Powe v. United States, 109 F.2d 147 (5th Cir. 1940) "... it is held that 'citizen' means 'citizen of the United States', and not person generally, nor citizen of a State …"
A natural born Citizen is mentioned in the Qualification paragraphs of the Constitution of the United States. An example is at Article II, Paragraph 5:
No Person, except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; ….
4 USC Sec. 11 is found in the United States Code. (You can google it but I have included it below for you). The part about the capitalization on territories is found in the History notes. Part of the other information came from a book entitled Constitution of the United States of America, which I purchased online from the Government Printing Office. It meets the rules of evidence standard, which is Rule 901, authentication evidence.
The rest are court cases which can be checked on at the local library if one doesn't have access to something like Lexis - but anyone can go to a University law library and get access to Lexis there. I read every court case I use. Everyone should because many times words have been changed by people sending through the internet and the meaning can be different. If you email me privately I will send you the Jones v. Temmer case if you don't have access to it. Dee
TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES CHAPTER 4 - THE STATES -HEAD- Sec. 111. Same; taxation affecting Federal employees; income tax -STATUTE- (a) General Rule. - The United States consents to the taxation of pay or compensation for personal service as an officer or employee of the United States, a territory or possession or political subdivision thereof, the government of the District of Columbia, or an agency or instrumentality of one or more of the foregoing, by a duly constituted taxing authority having jurisdiction, if the taxation does not discriminate against the officer or employee because of the source of the pay or compensation.
(b) Treatment of Certain Federal Employees Employed at Federal Hydroelectric Facilities Located on the Columbia River. - Pay or compensation paid by the United States for personal services as an employee of the United States at a hydroelectric facility -
(1) which is owned by the United States; (2) which is located on the Columbia River; and (3) portions of which are within the States of Oregon and Washington, shall be subject to taxation by the State or any political subdivision thereof of which such employee is a resident.
(c) Treatment of Certain Federal Employees Employed at Federal Hydroelectric Facilities Located on the Missouri River. - Pay or compensation paid by the United States for personal services as an employee of the United States at a hydroelectric facility -
(1) which is owned by the United States; (2) which is located on the Missouri River; and (3) portions of which are within the States of South Dakota and Nebraska,
shall be subject to taxation by the State or any political subdivision thereof of which such employee is a resident. -SOURCE- (Added Pub. L. 89-554, Sec. 2(c), Sept. 6, 1966, 80 Stat. 608; amended Pub. L. 105-261, div. A, title X, Sec. 1075(b)(1), Oct. 17, 1998, 112 Stat. 2138.) -MISC1- HISTORICAL AND REVISION NOTES
-------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and
Statutes at Large
-------------------------------------------------------------------- 5 U.S.C. 84a Apr. 12, 1939, ch. 59,
Sec. 4, 53 Stat. 575.
--------------------------------------------------------------------
The words "received after December 31, 1938," are omitted as obsolete. The words "pay or" are added before "compensation" for clarity as the word "pay" is used throughout title 5, United States Code, to refer to the remuneration, salary, wages, or compensation for the personal services of a Federal employee. The word
"territory" is not capitalized as there are no longer any
"Territories." The words "to tax such compensation" are omitted as unnecessary.
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