SOURCE:
Great
IRS Hoax, section 4.3.8
Nearly all federal civil law is a civil
franchise that you must volunteer for. This is covered in:
As such:
-
One must be domiciled or resident on
federal territory to invoke federal civil statutory law. State
citizens domiciled in constitutional states of the Union do NOT
satisfy this criteria.
-
One must consent to the statutory
“citizen” or “resident” franchise by describing themselves as
such on government forms.
-
If you are a state citizen domiciled in a
constitutional state of the Union and you cite federal statutory
law as authority for an injury, then indirectly you are:
3.1. Misrepresenting your status as as a statutory “citizen
of the United States” under federal law.
3.2. Conferring civil jurisdiction to a federal court that
they would not otherwise lawfully have.
3.3. Waiving sovereign immunity under 28 U.S.C. Chapter 97,
section 28 U.S.C. §1603(b)(3).
There are exceptions to the above, but they are
rare. Any enactment of Congress that implements a constitutional
provision, for instance, would be an exception. For instance, the
civil rights found mainly in Title 42, Chapter 21 entitled “Civil Rights”
implement the Fourteenth Amendment. They do not CREATE
“privileges” or “rights”, but rather enforce them as authorized by
the Fourteenth Amendment, Section 5. This is revealed in the
following document:
Federal civil rights laws are found mainly in Title
42, Chapter 21 entitled “Civil Rights”. The most often cited
statute within Chapter 21 is 42 U.S.C. 1983. To wit:
TITLE
42 >
CHAPTER
21 >
SUBCHAPTER
I > Sec. 1983.
Sec. 1983.
- Civil action for deprivation of rights
Every person
[not “man” or “woman”, but “person”] who, under color of any statute,
ordinance, regulation, custom, or usage,
of any State or Territory
or the District of Columbia, subjects, or causes to be
subjected, any citizen of the United States or other person within
the jurisdiction thereof to the deprivation of any rights, privileges,
or immunities secured by the Constitution and laws, shall be liable
to the party injured in an action at law, suit in equity, or other
proper proceeding for redress, except that in any action brought
against a judicial officer for an act or omission taken in such
officer's judicial capacity, injunctive relief shall not be granted
unless a declaratory decree was violated or declaratory relief was
unavailable. For the purposes of this section, any Act of Congress
applicable exclusively to the District of Columbia shall be considered
to be a statute of the District of Columbia
The first thing to notice about the above, is
that they use the word “person” instead of “man or woman”. This
“person” is a CONSTITUTIONAL person described in the Fourteenth
Amendment, not a STATUTORY “person” domiciled or resident on federal
territory and subject to the GENERAL jurisdiction of the national
government. The phrase “within the jurisdiction” above means the
SUBJECT MATTER jurisdiction and not the GENERAL jurisdiction. How
do we know this? Because:
-
They mention the laws of a State or
territory or the District of Columbia RATHER than those of the
national government.
-
The statute may ONLY be enforced
against officers of constitutional states depriving those under
their protection of their constitutionally guaranteed rights. It
may NOT be enforced against ANY private person.
"Title 42, § 1983 of the U.S. Code provides a
mechanism for seeking redress for an alleged deprivation of a
litigant’s federal constitutional and federal statutory rights by
persons acting under color of state law."
[Section 1983 Litigation,
Litigation Tool #08.008, p. 1;
FORMS PAGE:
http://sedm.org/Litigation/LitIndex.htm]
On the opposite end of the spectrum, we have
civil franchises such as Social Security, Medicare, marriage
licenses, driver licenses, all of which require you to volunteer by
filling out an application and using government property before you
are treated as a statutory “person”, “taxpayer”, “spouse”,
“citizen”, or “resident”. This is covered in:
You will find out later that the status of
being either a STATUTORY “citizen” or STATUTORY “resident” within a
franchise is not a status you want to have under federal law,
because that is how you become a “taxpayer”! They also use the word
“State”, which we know from 4 U.S.C. §110(d) means a federal State, which is a territory or possession
of the United States. States of the Union do NOT fit this category,
folks!
A very important aspect of natural rights is the
following fact:
“You don’t need
stinking federal
statutes to protect them!”
[Family Guardian Fellowship]
Below is an example of a sovereign indian tribe
that sued a state official under the provisions of
42 U.S.C. §1983 and yet tried to assert that it was “sovereign”.
The U.S. Supreme Court admitted that it could NOT cite this statute
as authority:
“The issue pivotal
here is whether a tribe [which enjoys “sovereign immunity” from
suit] qualifies as a claimant -- a "person within the jurisdiction"
of the United States -- under § 1983.{5}
The United States maintains
it does not, invoking the Court's "longstanding interpretive presumption
that `person' does not include the sovereign," a presumption that
"may be disregarded only upon some affirmative showing of statutory
intent to the contrary." Brief for United States as
Amicus Curiae 7-8 (quoting Vermont Agency of Natural Resources v.
United States ex rel. Stevens, 529 U.S. 765, 780-781 (2000)); see
Will, 491 U.S. at 64. Nothing in the text, purpose, or history
of § 1983, the Government contends, overcomes the interpretive presumption
[538 U.S. 710] that "`person' does not include the sovereign."
Brief for United States as Amicus Curiae 7-8 (some internal quotation
marks omitted). Furthermore, the Government urges, given the
Court's decision that "person" excludes sovereigns as defendants
under § 1983, it would be anomalous for the Court to give the same
word a different meaning when it appears later in the same sentence.
Id. at 8; see Brown v. Gardner, 513 U.S. 115, 118 (1994) (the "presumption
that a given term is used to mean the same thing throughout a statute"
is "surely at its most vigorous when a term is repeated within a
given sentence"); cf. Lafayette v. Louisiana Power & Light Co.,
435 U.S. 389, 397 (1978) (because municipalities are "persons" entitled
to sue under the antitrust laws, they are also, in principle, "persons"
capable of being sued under those laws).
The Tribe responds that Congress intended § 1983 "to provide
a powerful civil remedy `against all forms of official violation
of federally protected rights.'" Brief for Respondents 45
(quoting Monell v. New York City Dept. of Social Servs., 436 U.S.
658, 700-701 (1978)). To achieve that remedial purpose, the
Tribe maintains, § 1983 should be "broadly construed." Brief
for Respondents 45 (citing Monell, 436 U.S. at 684-685) (internal
quotation marks omitted). Indian tribes, the Tribe here asserts,
"have been especially vulnerable to infringement of their federally
protected rights by states." Brief for Respondents 42 (citing,
inter alia, The Kansas Indians, 5 Wall. 737 (1867) (state taxation
of tribal lands); Minnesota v. Mille Lacs Band of Chippewa Indians,
526 U.S. 172 (1999) (state infringement on tribal rights to hunt,
fish, and gather on ceded lands); Mississippi Band of Choctaw Indians
v. Holyfield, 490 U.S. 30 (1989) (tribal jurisdiction over Indian
child custody proceedings); California v. Cabazon Band of Mission
Indians, 480 U.S. 202 (1987) (state attempt to regulate gambling
on tribal land)). To guard against such infringements, the
Tribe contends, the [538 U.S. 711] Court should read § 1983 to encompass
suits brought by Indian tribes.
As we have recognized
in other contexts, qualification of a sovereign as a "person" who
may maintain a particular claim for relief depends not "upon a bare
analysis of the word `person,'" Pfizer Inc. v. Government of India,
434 U.S. 308, 317 (1978), but on the "legislative environment" in
which the word appears, Georgia v. Evans, 316 U.S. 159, 161 (1942).
Thus, in Georgia, the Court held that a State, as purchaser of asphalt
shipped in interstate commerce, qualified as a "person" entitled
to seek redress under the Sherman Act for restraint of trade.
Id. at 160-163. Similarly, in Pfizer, the Court held that
a foreign nation, as purchaser of antibiotics, ranked as a "person"
qualified to sue pharmaceuticals manufacturers under our antitrust
laws. Pfizer, 434 U.S. at 309-320; cf. Stevens, 529 U.S. at
787, and n. 18 (deciding States are not "person[s]" subject to qui
tam liability under the False Claims Act, but leaving open the question
whether they "can be `persons' for purposes of commencing an FCA
qui tam action" (emphasis deleted)); United States v. Cleveland
Indians Baseball Co., 532 U.S. 200, 213 (2001) ("Although we generally
presume that identical words used in different parts of the same
act are intended to have the same meaning, the presumption is not
rigid, and the meaning of the same words well may vary to meet the
purposes of the law." (internal quotation marks, brackets, and citations
omitted)).
There is in this case no allegation that the County lacked
probable cause or that the warrant was otherwise defective.
It is only by virtue of
the Tribe's asserted "sovereign" status that it claims immunity
from the County's processes. See App. 97-105, ¶¶1-25,
108-110, ¶¶33-39; 291 F.3d at 554 (Court
of Appeals "find[s] that the County and its agents violated the
Tribe's sovereign immunity when they obtained and executed a search
warrant against the Tribe and tribal [538 U.S. 712] property." (emphasis
added)). Section 1983 was designed to secure private
rights against government encroachment, see Will, 491 U.S. at 66,
not to advance a sovereign's prerogative to withhold evidence relevant
to a criminal investigation. For example, as the County acknowledges,
a tribal member complaining of a Fourth Amendment violation would
be a "person" qualified to sue under § 1983. See Brief for
Petitioners 20, n. 7.
But like other private
persons, that member would have no right to immunity from an appropriately
executed search warrant based on probable cause. Accordingly,
we hold that the [sovereign] Tribe may not sue under § 1983 to vindicate
the sovereign right it here claims.{6}”
[Inyo County, California v. Paiute Shoshone Indians, 538 U.S. 701
(2003)]
State courts are the
only appropriate
forum in which to litigate to protect your rights if you live in a state
of the Union and not on federal property. The Supreme Court confirmed
this when it said:
“It would be the vainest show of learning to attempt to prove
by citations of authority, that up to the adoption of the recent
Amendments [the Thirteenth and Fourteenth Amendment], no claim or
pretense was set up that those rights depended on the Federal government
for their existence or protection, beyond the very few express limitations
which the Federal Constitution imposed upon the states—such as the
prohibition against ex post facto laws, bill of attainder, and laws
impairing the obligation of contracts.
But with the exception
of these and a few other restrictions, the entire domain of the
privileges and immunities of citizens of the states, as above defined,
lay within the constitutional and legislative power of the states,
and without that of the Federal government. Was it the purpose
of the 14th Amendment, by the simple declaration that
no state should make or enforce any law which shall abridge the
privileges and immunities of citizens of the United States, to transfer
the security and protection of all the civil rights which we have
mentioned, from the states to the Federal government?
And where it is declared that Congress shall have the power to enforce
that article, was it intended to bring within the power of Congress
the entire domain of civil rights heretofore belonging exclusively
to the states?
We are convinced
that no such result was intended by the Congress which proposed
these amendments, nor by the legislatures of the states, which ratified
them.
Having shown that
the privileges and immunities relied on in the argument are those
which belong to citizens of the states as such, and that they are
left to the state governments for security and protection, and not
by this article placed under the special care of the Federal government,
we may hold ourselves excused from defining the privileges and immunities
of citizens of the United States which no state can abridge, until
some case involving those privileges may make it necessary to do
so.”
[Slaughter-House Cases, 83 U.S. (16 Wall.) 36; 21 L.Ed. 394 (1873),
emphasis added]
When properly litigated in a
state court, the
only authority necessary for the defense of rights is the Constitution
itself and proof of your domicile in a state of the Union and not on
federal property. The Supreme Court alluded to this fact when
it stated:
“The government of the United States has been emphatically
termed a government of laws, and not of men.
It will certainly cease
to deserve that high appellation, if the laws furnish no remedy
for the violation of a vested legal right.”
[Marbury v. Madison,
5 U.S. 137; 1 Cranch 137, 2 L.Ed. 60 (1803)]
Those citing EXCLUSIVELY the constitution do
not NEED federal statutes, as held by the U.S. Supreme Court:
The design of the Fourteenth Amendment has proved significant also in maintaining
the traditional separation of powers 524*524 between Congress and
the Judiciary. The first eight Amendments to the Constitution set
forth self-executing prohibitions on governmental action, and this
Court has had primary authority to interpret those prohibitions. The
Bingham draft, some thought, departed from that tradition by vesting
in Congress primary power to interpret and elaborate on the meaning
of the new Amendment through legislation. Under it, "Congress, and
not the courts, was to judge whether or not any of the privileges or
immunities were not secured to citizens in the several States."
Flack, supra, at 64. While this separation-of-powers aspect did not
occasion the widespread resistance which was caused by the
proposal's threat to the federal balance, it nonetheless attracted
the attention of various Members. See Cong. Globe, 39th Cong., 1st
Sess., at 1064 (statement of Rep. Hale)
(noting that Bill of Rights, unlike the Bingham proposal,
"provide[s] safeguards to be enforced by the courts, and not to be
exercised by the Legislature"); id., at App. 133 (statement of Rep.
Rogers) (prior to Bingham proposal it "was left entirely for the
courts . . . to enforce the privileges and immunities of the
citizens"). As enacted, the Fourteenth Amendment confers substantive
rights against the States which, like the provisions of the Bill of
Rights, are self-executing. Cf.
South Carolina v. Katzenbach, 383 U. S., at 325 (discussing Fifteenth
Amendment). The power to interpret the Constitution in a case or
controversy remains in the Judiciary.
[City of Boerne v. Flores, 521
U.S. 507 (1997)]
Nearly all federal statutes dealing with the
protection of so-called “rights” exist for the following reasons.
And by “rights” we really mean franchise privileges:
- They only
apply within federal jurisdiction and on federal land, where the
Bill of Rights do not
apply and where federal jurisdiction is exclusive and plenary. See
Downes v. Bidwell, 182 U.S. 244 (1901). These statutes are therefore
meant as a substitute
for the Bill of Rights that only applies in federal areas.
- They are intended to be used by “persons”
domiciled on federal territory wherever situated and may only be
invoked by nonresident parties where a specific extraterritorial
subject matter issue enumerated in the Constitution is involved,
such as interstate commerce.
- The result of persons citing federal statutes who are domiciled
in Constitutional states of the Union is that these people basically are volunteering
or "electing" to become "resident" parties and/or “taxpayers”
for the purposes of the dispute. Keep in mind that if you
are a Constitutional and not statutory "citizen", then making
such an election is a CRIME pursuant to
18 U.S.C. §911!
Per Fourteenth Amendment, Section 5,
42 U.S.C.
§1981 implements the equal protection provisions of said
amendment as follows:
TITLE
42 >
CHAPTER
21 >
SUBCHAPTER
I > Sec. 1981.
Sec. 1981.
- Equal rights under the law
(a) Statement of equal rights
All persons within
the jurisdiction of the United States shall have the
same right in every State and Territory to make and enforce contracts,
to sue, be parties, give evidence, and to the full and equal benefit
of all laws and proceedings for the security of persons and property
as is enjoyed by white citizens,
shall be subject to like
punishment, pains, penalties,
taxes, licenses, and exactions
of every kind, and to no other.
The whole chapter 21 only applies to people “within
the jurisdiction of the United States”, which we already said
are CONSTITUTIONAL and NOT federal STATUTORY "persons". If you are domiciled within
a state of the Union and don’t matinain a domicile on federal
territory, then that doesn’t
include you, amigo! By “like”, they mean the same “taxes” as “U.S.
citizens” pay who were born in federal territories or possessions or
the District of Columbia. Notice they put “punishment, pains,
penalties, and taxes” in the same sentence because they are all equivalent!
"A fine is a tax for doing something wrong. A tax is a fine
for doing something right."
Here is some more evidence:
TITLE 42 >
CHAPTER 21 >
SUBCHAPTER IX > §2000h–4
§2000h–4. Construction of provisions not to exclude operation of
State laws and not to invalidate consistent State laws
Nothing contained in any title of
this Act shall be construed
as indicating an intent on the part of Congress to occupy
the field in which any such title operates to the exclusion of State
laws on the same subject matter,
nor shall any provision
of this Act be construed as invalidating any provision of State
law unless such provision is inconsistent with any of
the purposes of this Act, or any provision thereof.
It’s silly to go to such great lengths to free
yourself of federal taxes by spending countless hours reading and studying
and applying this book if you are going to turn right around and call
on Uncle [Big Brother] to protect you from people in your own state!
If you want to be sovereign, you
can’t depend on
Big Brother for anything, because the minute you start doing so, they
[the IRS goons in this case] are going to come knocking on your door
and ask you to “pay up”! People who are sovereign look out for
themselves and don’t take handouts or help from
anyone, folks!