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Subject: RE: Proof?? regarding small "c" on citizen vs. cap "C" on Citizen

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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