This article describes how
to apply for a "U.S.A. Passport" (not a "U.S. passport", but a "U.S.A.
passport") as a "national" rather than
a "U.S. citizen", so that government records reflect your
proper citizenship status and so that you may describe yourself as a
for federal income tax purposes. The article DOES NOT describe how to
get a "U.S. passport", because there is not such thing, even though your
deceitful public servants would have you believe otherwise on the
application form. All passports issued by the Dept. of state say
"United States of America Passport", and not "United States Passport".
1. IMPORTANT FACTS ABOUT
CITIZENSHIP AND PASSPORTS:
There are two types of
"citizens": statutory and constitutional.
A statutory citizen is described in
8 U.S.C. §1401.
A constitutional "Citizen" is described in the United States
Constitution. These two types of
citizens are mutually exclusive and you cannot simultaneously be
both types of citizens at the same time.
section of the 14th article [Fourteenth Amendment],
to which our attention is more specifically invited, opens with
a definition of citizenship—not only citizenship of the United
States[***], but citizenship of the states. No such
definition was previously found in the Constitution, nor had any
attempt been made to define it by act of Congress. It had
been the occasion of much discussion in the courts, by the
executive departments and in the public journals. It had
been said by eminent judges that no man was a citizen of the
United States[***] except as he was a citizen of one of the
states composing the Union. Those therefore, who had been born
and resided always in the District of Columbia or in the
territories, though within the United States[**], were not
citizens. Whether this proposition was sound or not had
never been judicially decided.”
83 U.S. (16 Wall.) 36; 21 L.Ed. 395
Both of them
are called "citizens of the United States" by the courts, and the
only difference is the context in which they are used.
Whenever you describe your citizenship status, you should be very
careful to differentiate the two on all government forms to remove
any possibility of false presumption by the government in accepting
your application. This is exhaustively covered in our free
"Why you are
a 'national' or a 'state national' and not a 'U.S. citizen'".
If you want to be safe and completely avoid all possibility of false
presumption, it is best to describe yourself always as a "national"
under 8 U.S.C. §1101(a)(21) but not a
"citizen" under 8 U.S.C. §1401. Below is the federal government's
own definition of "U.S. citizen" and you ain't one of these, folks!:
Questions About Employment Eligibility
Do citizens and
nationals of the U. S. need to prove, to their employers, they
are eligible to work?
Yes. While citizens and nationals of the U.S. are automatically
eligible for employment, they too must present proof of
employment eligibility and identity and complete an Employment
Eligibility Verification form (Form I-9).
Citizens of the U.S.
include persons born in Puerto Rico, Guam, the U.S. Virgin
Islands, and the Northern Mariana Islands. Nationals of the U.S.
include persons born in American Samoa, including Swains Island.
The passport application very
deliberately does not define what the definition of "United
States" or "U.S. citizen" is as used on the form. They do this because
they want to create a
false presumption that you are a
statutory "U.S. citizen" rather than a constitutional
"Citizen" so that they can cause you to surrender your sovereignty
under the Foreign Sovereign Immunities Act,
28 U.S.C. §1603(b)(3). The term "United
States" on the
DS-11 passport application means the federal zone
and excludes land under exclusive state jurisdiction.
for details. Therefore, persons born within states of the
Union are born outside the "United
States" for the purposes of virtually all federal law.
The reason the passport application tries to compel
you to disclose a Social Security Number is because they want you to
essentially admit that you are engaging in "commerce" within the
legislative jurisdiction of the United States and thereby surrender
your sovereignty under the Foreign Sovereign Immunities Act,
28 U.S.C. §1605(a)(2).
Don't give them a number! By even admitting that you have a
number, you are admitting that you are a federal employee on
official business of the United States government engaged in
commerce with the government.
20 CFR §422.103(d) identifies
the Social Security Number and card as the property of the U.S.
Government. It is "public property" and it constitutes theft
and embezzlement to have or to use "public property" for a private
purpose. Therefore, by either calling it "your" number or by
supplying a number, you are admitting that you are a federal
employee or agent on official duty. VERY BAD IDEA! See
of Compelled Social Security Trustee" document for complete
details on this scam.
A passport is a means
of invoking the protection of the sovereign functions of one's
parent national government while one is usually outside the country.
“Allegiance and protection are, in this connection, reciprocal
obligations. The one is a compensation for the other; allegiance
for protection and protection for allegiance.”
88 U.S. (21 Wall.) 162, 166-168 (1874)]
The only thing you need
in order to obtain a passport is "allegiance":
passport shall be granted or
issued to or verified for any other persons than those owing
allegiance, whether citizens or not, to the United
A person born in a
state of the Union can have
without being a
statutory "U.S. citizen"
under federal law. This person is classified as a "national"
and not a "citizen" under
8 U.S.C. §1101(a)(21) or
8 U.S.C. §1101(a)(22)(B).
A passport is proof of
identity and proof of "allegiance".
means by which an American can lawfully leave the country or
return to it - absent a Presidentially granted exception - is
with a passport... As a travel
control document, a passport
is both proof of identity and proof of
allegiance to the United States. Even under a travel
control statute, however, a passport
remains in a sense a document by which the Government vouches
for the bearer and for his conduct. "
[Haig vs Agee,
453 US 280 (1981)]
8 U.S.C. §1401 says that a person who is a
citizen" is also a "national",
meaning a person who owes
is the reason why such persons can get a passport.
8.1 Even a person who claims to be a
statutory "U.S. citizen" under federal law but who has no allegiance
cannot get a passport.
8.2 Those obtaining a passport must
swear an oath of allegiance. See
8 U.S.C. §1448.
We remind our readers that the Bible and God Himself prohibits such
oaths. See below:
“But above all, my
brethren, do not swear, either by heaven or by earth or with any
other oath. But let your "Yes" be "Yes," and your "No," "No,"
lest you fall into judgment.”
5:12, Bible, NKJV]
It is a very serious crime to lie on a
18 U.S.C. §1542 says you can
be fined and put in jail for 25 years if you lie on a passport
application! Don't EVER lie on the application!
This reason alone is sufficient justification to modify the form: To
avoid the charge of perjury and being put in jail for 25 years
because it either presents wrong information or because it creates
It is a very serious crime to create,
procure, or use false passport documentation.
18 U.S.C. §1543
says you can be fined and put in jail for 25 years if you make or
use false passport documentation. Don't EVER use false
The U.S. Supreme Court has
said that a passport may not be used as proof of citizenship:
"It [a passport] is a document
which, from its nature and object, is addressed to foreign
powers; purporting to only be a request that the bearer of it may
pass safely and freely, and it is to be considered rather in the
character of a political document, by which the bearer is
recognized in foreign countries as an American citizen(sic), and
which, by usage and the law of nations, is received as evidence
of that fact. But this is a very different light from that in
which it is to be viewed in a court of justice where the inquiry
is as to the fact of citizenship. It is a mere ex parte
certificate; and, if founded upon any evidence produced to the
Secretary of State establishing the fact of citizenship, that
evidence, if of a character admissable in a court of justice,
ought to be produced upon the trial as higher and better
evidence of the fact..."
[Urtetiqi v. D'Arbel,
9 Peters 692]
2. COMPLETING THE PASSPORT APPLICATION
There are TWO types of passport
DS-11 for NEW
passport applications. This is the best form to use, so
you can start over every time you apply.
DS-82 for RENEWALS
of existing applications. Generally, you should avoid this
form like the plague. Always use the DS-11 form if you can.
If you indicated a Social Security Number
on your last passport application, you should NOT use the DS-82 renewal
form. The last application was filled out by a "public officer"
and "federal personnel" per
5 U.S.C. §552a(a)(13), and federal "employee" per
5 U.S.C. §2105 on official duty by virtue of using a number that
belongs to the U.S. government per
20 CFR §422.103(d). Since becoming sovereign, you now realize
that you were serving UNLAWFULLY as a public officer at the time you
previously made application in violation of
18 U.S.C. §912. As a sovereign, you are now a private person
and not a public officer on official duty, so it is illegal to use the
SSN, which is government property that can only be used by government
employees in the official execution of their constitutionally authorized
duties within the District of Columbia and not elsewhere pursuant to
4 U.S.C. §72.
When you fill
out the Standard (NOT Amended)
Dept. of State DS-011
form, Application for Passport, do the following:
Make sure you put in blocks 19
and 21 in the following blocks, answer "NO" and then next to it
1.1 Block 19: "Is your
spouse (or former spouse) a U.S. citizen?"
1.2 Block 21: "Is your
mother a U.S. citizen?"
1.3 Block 21: "Is your
father a U.S. citizen?"
Alternatively to the above
blocks, you can also electronically modify the form and replace
"U.S. CITIZEN" with "NATIONAL". The
sample modified DS-011 form above and the
example that uses it above do precisely this.
version of the DS-11 form we provide above electronically
changes these blocks to reflect your correct legal status.
In the "COUNTRY (If
outside the U.S.) " block, put
the name of your state, such as "California".
Block 14, "Permanent Address
or Residence": This is your legal domicile. Write any of the
"Earth (not within any specific
government or political entity)"
"God's government on earth (foreign
government exempt from tax pursuant to
26 U.S.C. §892(a)(1))"
"Transient foreigner (stateless
The reasons for this are exhaustively
explained in our
article "Why all
income taxes are based on domicile and are voluntary because
domicile is voluntary" and in Section 6 of our
Federal and State Withholding Options for Private Employers.
Basically, whenever you see the word "permanent", this a a code word
for your voluntary, contractual choice of "domicile" or "legal home". They are
indirectly asking you who you are willing to pay "tribute" to in
order to have protection, and if the answer is a man or
a government, then you are committing idolatry as a Christian.
When we voluntarily express "allegiance",
then we are consenting to pay for the cost of supporting it with
Court has frequently held that domicile or residence, more
substantial than mere presence in transit or sojourn, is an
adequate basis for taxation, including income, property, and
death taxes. Since the Fourteenth Amendment makes one a
citizen of the state wherein he resides, the fact of
residence creates universally reciprocal duties of protection by
the state and of allegiance and support by the citizen. The
latter obviously includes a duty to pay taxes, and their nature
and measure is largely a political matter. Of course,
the situs of property may tax it regardless of the citizenship,
domicile, or residence of the owner, the most obvious
illustration being a tax on realty laid by the state in which
the realty is located."
[Miller Brothers Co. v. Maryland,
347 U.S. 340 (1954)]
God says in His holy word that ONLY He is the source of
all of our permanent protection and security and that it is idolatry to depend
on anything else as a substitute. We would argue that the only
thing modern day Christians need "protection" from is a corrupted
socialist government, and the best way to obtain that
kind of protection is by refusing to subsidize the government and
thereby keeping it small enough that it cannot become the kind of
threat to our liberties that it presently is. The only good government is a
small and powerless
government. Christians also define "permanent" the way God
does: eternal. Since the earth is not "permanent", then the
only permanent dwelling we can have is the Kingdom of Heaven. We are only
pilgrims and strangers and sojourners while we are here and our job,
according to Jesus in James 1:27 is to keep ourself "unspotted from
undefiled religion before God and the Father is this: to
visit orphans and widows in their trouble, and to keep
oneself unspotted from the world."
[James 1:27, Bible
“Allegiance and protection are, in this connection, reciprocal
obligations. The one is a compensation for the other; allegiance
for protection and protection for allegiance.”
88 U.S. (21 Wall.) 162, 166-168 (1874)]
"For our citizenship is in
heaven [and not earth], from which we also eagerly wait
for the Savior, the Lord Jesus Christ"
3:20, Bible, NKJV]
"I am a
stranger in the earth; Do not hide Your commandments
[laws] from me."
119:19, Bible, NKJV]
become a stranger to my brothers, and an alien to my
mother's children; because zeal for Your [God's] house has
eaten me up, and the reproaches of those who reproach You have
fallen on me.”
69:8-9, Bible, NKJV]
When the Department of State came out with the new DS-11 form in
2005, they changed the oath at the end of form, possibly in recognition
of the content of this website and this article. Now the oath
says, where the new language added is in red, the following:
"I declare under penalty of perjury that I am a United States
citizen (or non-citizen national)
and have not, since acquiring United State citizenship
(or U.S. nationality), performed
any of the acts listed under "Acts or Conditions" on this
application form (unless explanatory statement is attached). I
declare under penalty that the statements made on this application
are true and correct." (color emphasis added)
This is a good sign that things may be improving. However, they
STILL have not:
Modified the check boxes in blocks 19 and 21 so that they have
the "non-citizen national" option as well as "U.S. citizen"
Defined using statutes exactly what is meant by "U.S. citizen"
or "U.S. nationality".
We think it is VERY dangerous to sign any
government form that uses terms that are nowhere defined in a
somewhere and which are susceptible of having any meaning that a judge
or jury wants them to mean. Therefore, you should ALWAYS take great pains to define
what the important words mean to completely remove any opportunity for
false presumption on the part of the government that might prejudice
your rights. The way the present
version of the DS-11 form is written, it not only does not define the
term "U.S. citizen", but this term is nowhere defined in
Title 8 of the
U.S. Code either. The phrase in the perjury statement at the end "
"I declare under penalty of perjury that I am a United States
citizen (or non-citizen national)
and have not, since acquiring United State citizenship
(or U.S. nationality)"
creates the false presumption that "U.S. nationality" is equivalent to
being a "non-citizen national", which simply is not the case.
There are TWO types of non-citizen nationals:
8 U.S.C. §1408,
who are born in American Samoa or Swain's Island (which are U.S.
"nationals" but not
"citizens" pursuant to
8 U.S.C. §1101(a)(21) and
§1452 who are born
in the states of the Union but who are not born anywhere within the
"United States" as defined in Title 8 of the U.S. Code. or within
jurisdiction and therefore not subject to federal law.
Those who are "non-citizen nationals" by virtue of being born in a
state of the Union are NOT "U.S. nationals" under
8 U.S.C. §1408 in most cases.
Both groups above may obtain
certificates of non-citizen national status under
8 U.S.C. §1452. This is more thoroughly explained in
you are a 'national' or a 'state national' and not a 'U.S. citizen'". Therefore,
we still think it is a bad idea to use this form without doing at least
one of the following:
- Using the
version of the DS-11 form that fixes this problem.
STANDARD version of the DS-11 form and manually modifying the form yourself by lining out "U.S.
citizen" and putting "non-citizen national" as the citizenship
status for both of your parents in block 21.
Whichever of the two
options above that you pursue, we also recommend writing
above the signature write "not valid without signed attachment"
and attaching the following form prepared according to the
instructions included with the form:
USA Passport Application Attachment, Form #06.006 (OFFSITE LINK)
If you appear at the
Dept. of State building yourself and attempt to obtain a passport in
person, be advised that clerks who work there may attempt to try to
instruct you on what to put on the form or try to talk you out of
filling it out according to the instructions contained herein.
They will do this because they have been instructed by their
supervisors to try to manufacture more statutory "U.S. citizen"
taxpayer whores. Keep in mind, however, that
18 U.S.C. §1542 authorizes
up to 25 years in jail for a person who commits perjury on a
passport. If you follow their direction and end up with
something that is either false or which could easily be misconstrued
as false, then you and not them will end up behind bars for up to 25
years. Therefore, the
following techniques are very effective in resisting such terrorist
and selfish tactics on the part of Dept. of State personnel:
Remind them that they are employees, and that they
may not give legal advice. Ask them to produce evidence of
their law degree and their delegation of authority order authorizing
them to give legal advice if they insist otherwise.
Ask them if they have a personal knowledge and to
explain and justify that personal knowledge.
Tell them that you want them to initial next to each
thing they suggested changing and then sign the passport application
under penalty of perjury along with you. Tell them that you
are going to add a notation to the application explaining that the
initialed entries are THEIR answer, not yours, and that they take
personal responsibility for all consequences and not you.
Remind them that if they are wrong, then they could end up in jail
for up to 25 years.
Tell them that your attorney advised against
allowing anyone to direct what you should put on the form.
If you use the above tactics to stop itinerant
government employees from trying to enslave you and attach the
USA Passport Application Attachment, Form #06.006 (OFFSITE LINK), then you will quickly
find that they will suddenly become a very accommodating ally of yours!
The passport forms starting after about 2004 have
progressively more and more information they ask about you on the forms.
The people at the Dept. of
Homeland Security are the ones with nothing better to do than sit
around amassing huge databases about Americans and feeding their beast
computer system with information that you voluntarily put onto this
form. Then they share this information with everyone in the world,
which is a violation of your privacy. However, if you look at the
actual regulations relating to the issuance of passports, they do not
describe an absolute legal requirement to provide anything other than
your name, birthplace, birth certificate, and parents information.
Everything else would appear to be optional and the Dept. of State isn't
allowed to deny your right to travel or deny you a passport based on
failure or refusal to disclose personal information about yourself that
is optional. Therefore, when filling out the DS-11 passport
application, we strongly admonish you to avoid disclosing anything but
the basic information about yourself such as name, mailing address,
birthplace, birth certificate, and parent names and birthdates.
Any other block on the form is optional and you should put "Fifth
Amendment" in the block. If they try to deny you the passport for
failure to disclose the other information, we suggest responding as
The First Amendment gives me a right to NOT speak.
Please explain how you can deny me this right without violating your
oath to support and defend the constitution.
freedom of thought and expression “includes both the right to
speak freely and the right to refrain from speaking at all.”
Wooley v. Maynard,
430 U.S. 705, 714, 97 S.Ct. 1428, 1435, 51 L.Ed.2d 752 (1977)
(BURGER, C.J.). We do not suggest this right not to
speak would sanction abuse of the copyright owner's monopoly as
an instrument to suppress facts. But in the words of New York's
Chief Judge Fuld:
“The essential thrust of the First Amendment is to prohibit improper restraints on the voluntary
public expression of ideas; it shields the man who wants to
speak or publish when others wish him to be quiet. There is
necessarily, and within suitably defined areas, a concomitant
freedom not to speak
publicly, one which serves the same ultimate end as freedom of
speech in its affirmative aspect.”
Estate of Hemingway v. Random
House, Inc., 23 N.Y.2d 341, 348, 296 N.Y.S.2d 771,
776, 244 N.E.2d 250, 255 (1968).
& Row Publishers, Inc. v. Nation Enterprises, 471 U.S.
539, 559, 105 S.Ct. 2218, 85 L.Ed.2d 588 (1985)]
The Fourth Amendment makes privacy a right. In
law, all rights are property, and therefore, any information about
me is "property" that you cannot take from me without
process of law. Please explain how you can turn my right
to travel into a franchise and deny me that right for refusal to
give up my Fourth Amendment right to privacy?
"It has long been established that a State
may not impose a penalty upon those who exercise a right
guaranteed by the Constitution." Frost & Frost Trucking Co. v.
Railroad Comm'n of California , 271 U.S. 583. "Constitutional
rights would be of little value if they could be indirectly
denied,' Smith v. Allwriqht, 321 US. 649, 644, or manipulated
out of existence,' Gomillion v. Lightfoot, 364 U.S. 339, 345."
[Harman v. Forssenius, 380 U.S 528 at 540, 85 S.Ct. 1177, 1185
Please show me an implementing regulation published
in the Federal Register as required by
44 U.S.C. §1508
which positively requires me to disclose the specific piece
of information you claim that I have a legal duty to provide.
Without such proof, you cannot make the demand you are making.
The U.S. Supreme Court has said we are a society of law and not men
in Marbury v. Madison, which means we aren't a society of "policy".
The only thing I will obey is the law, and not agency "policy".
That regulation would be found in
22 CFR, Part 51.
Please explain why the specific information you
demand is necessary in order to determine whether I am entitled to a
passport based on birth within the country United States.
According to 22
U.S.C. §212, the only
thing I need to obtain a passport is "allegiance". How is this
information relevant to determining my allegiance. Isn't an
oath sufficient to determine my allegiance?
Paperwork Reduction Act, 44 U.S.C.
§3501 et seq, says
that "no person shall be subject to any penalty for failing to
maintain or provide information to any agency". Certainly, the
denial of a passport would constitute a penalty and an unlawful
interference with my right to travel. Please provide proof
that everything on this form which you say I have a legal duty to
disclose is in fact mandatory and in compliance with the Paperwork
Reduction Act, and prove that you have a right to penalize me for
failure to disclose specific information without violating the
Paperwork Reduction Act.
". . .no person shall be subject to
any penalty for failing to comply with a collection of
information. . ."
[Paperwork Reduction Act of 1980, 44 U.S. Code, Section 3501 et
Section 3512. Public Protection]
If you disregard our advice
in this section and give them any more than the basic information about
yourself, here are some of the problems you are likely to run into:
They will use the
spouse and/or SSN to query the deadbeat parent database. If
your name comes up, you will get a letter from the state where there
is a judgment against you indicating that your passport has been
denied because you owe spouse or child support. This database
is maintained under the authority of
42 U.S.C. §666
They will use the SSN
to determine if you owe taxes. If you have unpaid taxes, they
may refuse to issue you a new passport or renew an old one.
26 U.S.C. §6039E
They will use the name
and/or SSN to look in criminal databases and if you are in trouble
with the police, they will tip off the police. For an example
of the database they will check, see
That is why, you should
give them the absolute minimum information and especially NOT a slave
surveillance number. The less they have to do computer matching,
the more likely they are to leave you alone.
3. ABOUT SSNs ON THE
Page 3 of the
DS-011 passport application
has a section entitled "FEDERAL TAX LAW",
which says that 26
U.S.C. §6039E requires providing name and social security number to
the IRS or else a penalty of $500 will be assessed unless a reasonable
cause (6039E(d)) can be shown for noncompliance. This penalty
IS BOGUS, because:
6039E applies to "U.S.
passports", but the passport issued actually says "United
States of America" and not "United States" on the front
cover, so the penalty can't apply anyway. There is no such
thing as a "United States" passport!
says in paragraph (b)(1) that the number which must be provided is
"the taxpayer's TIN" if any. Well, the treasury
regulations say that an SSN is NOT a Taxpayer Identification
Number, so even though the
box says "SSN" on the form, they are really asking for a TIN and you
aren't required to put the SSN on the form. Taxpayer
Identification Numbers are only
issued to aliens, and aliens DO NOT apply for passports!
IRS individual taxpayer
identification number -- (i) Definition. The term IRS
individual taxpayer identification number means a taxpayer
identifying number issued to an alien individual by the Internal
Service, upon application, for use in connection with filing
requirements under this title. The term IRS individual
taxpayer identification number does not refer to a social security
number or an account number for use in employment for wages. For
purposes of this section, the term alien individual means an
individual who is not a citizen or national of the
There are no implementing
§6039E like the similar section 26
U.S.C. §6039 (under 26 CFR 1.6039-1) applying to corporations even though
IRC 7805 mandates
enforcement implementing regulations. Consequently, the only
parties who can be subject to penalties are federal employees and
officers and not private persons.
This conclusion is confirmed by
§1505(a)(1), which says that regulations do not need to be
published in the Federal Register for statutes that only affect
federal employees. Since there are only about 1.5 million
federal employees, then most Americans are not federal employees and
are not subject to this provision. Therefore, the average
American cannot be penalized for not providing an identifying
number. The government has been less than honest by not
explaining this on the form, because the result prejudices the
Constitution right to privacy of the applicant under the
Please read the pamphlet below for details on this monumental scam:
Why Penalties are Illegal for Anything But Federal
Employees, Contractors, and Agents", Form 05.010
http://sedm.org/Forms/FormIndex.htm (OFFSITE LINK)
Where there is
no implementing regulation for penalties against natural persons,
the effect of failure to publish is that the statute may not
adversely affect the rights of any person.
26 CFR §601.702(a)(2)(ii) below as well as
5 U.S.C. §552(a):
CFR §601.702 Publication,
public inspection, and specific requests for records.
of failure to publish. Except to the extent that a person has
actual and timely notice of the terms of any matter referred to in
paragraph (a)(1) of this section which is required to be published in
the Federal Register, such person is not required in any manner to
resort to, or be adversely affected by, such matter if it is not so
published or is not incorporated by reference therein pursuant to
paragraph (a)(2)(i) of this section. Thus, for
example, any such matter which imposes an obligation and which
is not so published or incorporated by reference shall not
adversely change or affect a person's rights.
Western State Law Review article entitled "
Passports, Social Security
Numbers, and 26 U.S.C. §6039E" analyzes the requirement to
provide SSN's on passport applications and concludes that it is an
Bill of Attainder which may not be enforced.
In effect, including the number on the form amounts to constructive
fraud and violation of rights.
Even if the penalty statute had
implementing regulations as required, the penalty could only be assessed for
federal corporate persons residing in the territorial
jurisdiction of the federal United States as defined in 26
U.S.C. §7701(a)(9) and (a)(10). This is confirmed by the
definition of "person" for the purposes of the penalty provisions of
the Internal Revenue Code, which says the following:
TITLE 26 >
Subtitle F >
CHAPTER 68 >
Subchapter B >
PART I > § 6671
§ 6671. Rules for application of assessable penalties
(b) Person defined The term “person”, as used in
this subchapter, includes an officer or employee of a
corporation, or a member or employee of a partnership,
who as such officer, employee, or member is under a duty to
perform the act in respect of which the violation occurs.
If the penalty was applied to natural persons,
it would violate
1, Section 9, Clause 3 of the
U.S. Constitution prohibiting
of Attainder. It would also violate the
Amendment, which guarantees us the right to NOT communicate with our
government as a protected type of free speech, and it is called
"freedom from compelled association". In this case,
having a number or being forced to use it creates a compelled and
false association that you are
domiciled in the District of
right to speak and the right to refrain from speaking are complementary
components of the broader concept of 'individual freedom of
[Wooley v. Maynard,
U.S. 705, 97 S.Ct. 1428, 51 L.Ed. 752 (1977)]
of conscience dictates that no individual be forced to espouse
idealogical causes with which he disagrees: '[A]t the heart of the First
Amendment is the notion that the individual should be free to believe as
he will, and that in a free society one's beliefs should be shaped by
his mind and by his conscience rather than coerced by the State."
[Abood v. Detroit Board of Education,
U.S. 209, 97 S.Ct. 1782, 52 L.Ed2d 261 (1977)]
The following pamphlet also proves that the only
group against whom statutory penalties may directly be enforced are
government entities, which you are not if you are appearing as a
Authority in States of the Union, Form #05.032
Therefore, for SSN put "NONE"
SSN's may only be used by federal officers and "employees" on official duty.
This is covered in the following articles:
SSNs/TINs on Government Tax Correspondence, Form #05.012 (OFFSITE LINKS)
"Resignation of Compelled Social Security Trustee":
Describes how to quit Social Security legally.
Beginning in 2005, the
form was modified to add the following statement to Page 3 of the
form as yet one more excuse to compel you to have or use Slave
USC 7701 requires persons 'doing business' with a federal agency
to provide their social security numbers to that agency.
Because the U.S. Department of State collects fees for the provision
of passport services to you, you are considered a person 'doing
business' with the Department. Passport service fees are
established by law and regulation (see
22 USC 214, 22 CFR 22.1, and 22 CFR 51.61-66) and are collected
at the time you apply for the passport service. If the
Department fails to receive full payment of the applicable fees,
because, for example, your check is returned for a reason or you
dispute a passport fee charge to your credit card, the U.S.
Department of State will take action to collect the delinquent fees
from you under 22 CFR Part 34 and the Federal Claims Collection
Standards (see 31 CFR Parts 900-904). In accordance with the
Debt Collection Improvement Act (Pub.L. 104-134), if the fees remain
unpaid after 180 days and no repayment arrangements have been made,
the Department will refer the debt to the Department of the Treasury
for collection. Debt collection procedures used by Treasury
may include referral of the debt to private debt collection
agencies, reporting of the debt to credit bureaus, garnishment of
private wages and administrative offset of the debt by reducing or
withholding eligible Federal payments (e.g. tax refunds, social
security payments, federal retirement, etc.) by the amount of your
debt, including any interest penalties or other costs incurred.
In addition, non-payment of passport fees will result in the
invalidation of your passport. An invalidated passport cannot
be used for travel."
Here are some techniques
for dealing with this scam:
You can attach the following form to
prove that it is ILLEGAL to request or use a "Taxpayer
Identification Number". At that point, they are asking you to
engage in a crime and becoming an accessory after the fact to it by
asking you for a number:
Why it is
Illegal for Me to Request or Use a Taxpayer Identification Number, Form
#04.022 (OFFSITE LINK) From the
SEDM Forms page
§7701(c)(2) provides a list of qualifications for
those "doing business". Notice that
7701(c)(2)(D) uses the word "and", which means that ALL of the
qualifications under 7701(c)(2) must be met simultaneously in order
to qualify as a person "doing business". Otherwise, the word
would have to be "or". They are playing more tricks with words
on the passport application to get people to snitch on themselves.
The Internal Revenue
Code is only "law" for "taxpayers",
which does not include Americans domiciled in states of the Union
who are not federal "employees" or "public officers". You have to be involved in
the privileges of federal employment, which is called a "trade
or business" in
26 U.S.C. §7701(a)(26), in order to be
subject to Subtitle A of the I.R.C. in most cases. Everything
that goes on the 1040 form, for instance, can only be connected with
a "trade or business", which most people aren't involved in.
Click here for an
article on this scam. If you are a "nontaxpayer", even
26 U.S.C. §6109
imposes no obligation upon you. See:
There are no
implementing regulations for
31 CFR that would apply this requirement to anyone in
states of the Union, even though they are required under
44 U.S.C. 1505 for anyone
other than federal "employees".
This is the same scam as that used with
26 U.S.C. 6039E described above, whereby there are no
implementing regulations for that section either. Remind them that
you are not a federal "employee"
and therefore they must produce an implementing regulation published
in the Federal Register that applies this requirement to the
general public in the states of the Union. See the article
below for proof of this scam:
Penalties are Illegal for Anything But Federal Employees,
Contractors, and Agents, Form #05.010
Another option is to
pay the fees in cash or cashier's check, so that it won't bounce and
therefore they don't need a number to do debt collection later.
If you are ordering the passport by mail, tell them
to withhold the passport until the check clears so that they don't
need the number.
We don't think that either mailing or presenting them with a
personal check is a wise idea because then they know your accounts
and financial institutions and can levy them later. If you are
leaving the country, they may do you the favor of emptying your
accounts on the way out or while you are on travel. They will
use the return address you provide to do an asset search so they can
STEAL your assets if you are wanted for a bogus tax liability. It's
better to give them a cashier's check and to do it in person. We never send personal
checks to the government or give them a return address inside the
country. They are spies and probably will use
the information against you later anyway.
For further details on use and abuse of
Socialist Security Numbers, read the informative articles below:
Some of the more important conclusions of the above articles are
Social Security Numbers can only be issued to federal
"employees" for use only in the performance of their official
20 CFR §422.104.
The Social Security Number is the
property of the government and not you. Therefore, it can't be
"yours" unless you are a public officer on official business. See
20 CFR §422.103(d).
The SSN is issued to the federal "public
officer" and not to the
person, and then only while he is an agent of the federal
Anyone who uses a Social Security
Number who is NOT a federal employee acting on official commercial,
government business is guilty of impersonating a federal "employee",
which is a crime. See
18 U.S.C. §912.
You can only use it in connection
with a "public purpose", and not a private purpose. It is illegal and a crime to use or abuse the SSN for a private
or personal use. This is called embezzlement or conversion,
and it is a criminal violation of
18 U.S.C. §641
18 U.S.C. §654.
Everything connected to the SSN becomes "public property"
because the SSN can only be used in connection with a "public
office" or federal employment.
The private person was never issued an SSN if he is not acting
as a federal "employee". Therefore, he can honestly answer
"NO" in response to the question of whether he was ever issued an SSN if he is not acting as a federal "employee" or agent.
The public servant who is handing your
application may try to reject your application with the goal of
effecting what we call "privileged induced slavery", where they try to
force you to give up your rights in order to procure a government
"privilege". This is highly illegal and constitutes a conspiracy
against rights. Below are some reasons they may give for their
rejection, and things you can do about it:
If you use the
modified DS-11 form,
they may reject it as not being in conformance with the standard
form and therefore invalid. If they do, use their standard
form and then attach the
USA Passport Application Attachment, Form #06.006 (OFFSITE
LINK) filled out according to the instructions included with the
If you modify the
form manually and line out "U.S. citizen" and write "non-citizen
national", they may reject the form. Remember, the
application must be signed under penalty of perjury, and if any
of the information on the application is false, you can be
sentenced to 25 years in jail! What they are trying to do,
by getting you to sign a form unmodified is to either put FALSE
information on the form that is not consistent with your
circumstances, or to use words on the form such as "U.S.
citizen" that aren't defined on the form or in the law to
encourage the government to make false false presumptions about
your status that will cause you to surrender your sovereignty.
If they do this:
2.1 Explain to them that you
can't sign anything that is either knowingly false or which is
ambiguous in any way because it is a term that is not defined on
the form itself or is not defined in the law. Remind them
that you are a Christian, and either making "presumptions"
or allowing or encouraging others to make presumptions is a
religious sin in violation of
Numbers 15:30 and that they can't compel you to either
commit perjury or to violate your religious beliefs, nor can
they turn your right to travel using the passport into a
"privilege" that compels you to surrender any of your
constitutional rights. For more details, see:
Presumption: Chief Weapon for
Unlawfully Enlarging Federal Jurisdiction, Form #05.017
2.2 Use the form unmodified, but
USA Passport Application Attachment, Form #06.006 (OFFSITE
LINK) filled out according to the instructions included with the
If you applied for your passport by
mail or through a passport expediting agency, the Dept. of State
may call you back on the telephone and try to scare the crap out
of you by saying that they cannot and will not issue the
passport without a Social Security Number or Taxpayer
Identification Number. When they call, they will
forcefully demand such a number and say they will throw your
application in the trash can if you don't provide one.
This is an act of TERRORISM that is unauthorized by law and even
U.S.C. §408 says it is a CRIME to compel the use of
Social Security Numbers. They are trying to
get you to waive your sovereign immunity by connecting you with
commerce within their legislative jurisdiction, as indicated in
28 U.S.C. §1605(a)(2). They will also try to get you
to waive sovereign immunity by trying to convince you that you
ARE a statutory "U.S. citizen" pursuant to
8 U.S.C. §1401 and
28 U.S.C. §1603(b)(3).
DON'T BE INTIMIDATED BY YOUR OWN LEGAL IGNORANCE! HOLD
YOUR GROUND! In response to such an
3.1 Record your conversation
with them and tell them the call is being monitored for quality
assurance purposes. This is your legal evidence to SUE
THEIR ASS for violating your rights.
Click here for details on how to record phone conversations.
3.2 Ask them for their full
legal name and agent number and residence address where they can
be served with legal process.
3.3 Tell them that you don't
participate in Social Security and don't have a Social Security
Number and that it is ILLEGAL to compel the use of any
3.4 Tell them that you aren't
even eligible to participate in Social Security.
20 CFR §422.104
says that only statutory "U.S. citizens" and "U.S. residents"
are eligible and that you are NEITHER. These two groups of
people have in common a legal domicile on federal territory and
you don't live on federal territory and don't represent anyone
who does as a private individual. Therefore, they are
asking you to commit FRAUD on a government form, which you won't
do. For details, see:
Resignation of Compelled Social Security Trustee,
Sections 8 through 8.3:
3.5 STERNLY WARN THEM that they may not
lawfully interfere with the free exercise of your RIGHT to travel by denying you a
passport and that you will SUE THEIR BUTT if they deny your
3.6 Tell them that you will not help them
compel you into a "privileged state" by allowing them to
you for refusing to avail yourself of a taxable privilege such
as Social Security.
The Dept of State agent will then
huff and puff, hem and haw, and may even get his supervisor on
the phone to scare you even more. He may even eventually hang up on you, but
sure enough, they will issue the passport promptly anyway!
They will do this because they KNOW that if they don't, they can
be sued for deprivation of rights under the color of law if they
interfere with your right to travel. The U.S.
Supreme Court explained why this is when it said:
long been established that a State may not impose a penalty
[such as deprivation of a
passport] upon those who exercise a right [to
travel] guaranteed by the
Constitution." Frost & Frost Trucking Co. v. Railroad
Comm'n of California , 271 U.S. 583.
"Constitutional rights would be of little value if they
could be indirectly denied,' Smith v. Allwriqht, 321 US.
649, 644, or manipulated out of existence,' Gomillion v.
Lightfoot, 364 U.S. 339, 345."
[Harman v. Forssenius,
380 U.S 528 at 540, 85 S.Ct. 1177, 1185 (1965)]
“It would be a palpable incongruity to
strike down an act of state legislation which, by words of
express divestment, seeks to strip the citizen of rights
guaranteed by the federal Constitution, but to uphold an act
by which the same result is accomplished under the guise of
a surrender of a right in exchange for a valuable privilege
which the state threatens otherwise to withhold. It
is not necessary to challenge the proposition that, as a
general rule, the state, having power to deny a privilege
altogether, may grant it upon such conditions as it sees fit
to impose. But the power of the state in that respect is
not unlimited, and one of the limitations is that it may not
impose conditions which require the relinquishment of
Constitutional rights. If the state may compel the
surrender of one constitutional right
[such as the right to travel made
possible by a passport] as a condition of its
favor, it may, in like manner, compel a surrender of all.
It is inconceivable that guaranties embedded in the
Constitution of the United States may thus be manipulated
out or existence.”
[Frost v. Railroad Commission,
271 U.S. 583; 46 S.Ct. 605 (1926)]
"The denial of a passport accordingly causes a deprivation
of liberty that a citizen otherwise would have. The right to
travel, to go from place to place as the means of
transportation permit, is a natural right subject to the
rights of others and to reasonable regulation under law. A
restraint imposed by the Government of the United States
upon this liberty, therefore, must conform with the
provision of the Fifth Amendment that ‘No person shall be *
* * deprived of * * * liberty * * * without due process of
[Shachtman v. Dulles, 225 F.2d 938, C.A.D.C. (1955)]
You may also have trouble getting the Dept of
State to put the "non-citizen national" endorsement on page 24
of your new passport as
required by 8
U.S.C. §1452. They will do this because they do not want to
officially recognize your sovereignty and thereby provide you with court
admissible evidence of your status as a "nontaxpayer" and a "sovereign".
If this is the case, then we recommend the following alternatives:
Apply for the passport in person
instead of by mail using our
modified DS-11 form, and then
Request for Certified Passport Records
to get a certified copy of the approved application.
World Service Authority
World Passport. Several countries recognize these and they
don't require Socialist Security Numbers and don't get you into a
big government database.
Obtain a Declaratory Judgment from a
local municipal court identifying you as a person who is not a
statutory "U.S. citizen" under
§1401 and who instead is constitutional "citizen"
and a "national" under
§1101(a)(21). Some of the details on how to do this are
documented in the seminar entitled
Developing Evidence of Citizenship.
Please do not contact us for
additional information about details of how to do any of the above,
because we have put everything we know into this article and don't care
to do research for you that you should be doing for yourself.
However, if you have researched any of the above methods more thoroughly
and have some practical observations and knowledge you would like to
share with us for the benefit of our readers, then we invite you to
submit your research to us on this important subject.
PASSPORT EXPEDITING SERVICES:
Some people may be in a hurry
to get their passport and might decide to use a passport expediting
service. An example of such a service might be that below:
Global Passport and Visa
We caution those who are
using such services to be very careful about what they eventually submit
to the government. These services typically have you submit your
information electronically on a website and then produce a barcoded PDF
file. The web forms used for submitting your information have
limitations that you need to be very aware of, along with how to deal
form, Block 13 has a field for "Country". The online version
of the form does not allow you to enter a state of the Union into
this field. You need to modify the final output electronically
by changing the country field to read the name of your state.
file produced also contains state two-letter abbreviations, which
are actually corporate federal "States" as defined in 4 U.S.C.
§110(d). You need to modify the final PDF output to replace
the two-letter state abbreviation with the name of your state.
The easiest way to modify the
final PDF output of the online passport webform to conform with the
requirements above is to use the full version of Adobe Acrobat, and to
place opaque fields on top of the items you want to replace. Then
fill in the fields with what you want. Alternatively, you can use
any of the following programs to modify the content of the form
Nitro PDF Editor
PDF Editor Pro
by CAD-KAS software
Editor by Fox-It Software
Simple PDF Editor, Ezee PDF
6. FREQUENTLY ASKED
to the passport modification request, I am still confused as to what
form needs to be submitted with that request.. is it the DS-19 or the
DS-11. The DS-19 says ' ... I have not since acquiring United States
citizenship..' and I am uncomfortable with that statement. I may have
'acquired' citizenship, but no longer desire to have it, thus the
purpose of the form to affirm my "U.S. National" and not
citizenship status. Can you please clarify what form should be
remitted (or reply and attach the proper form with corrections or
suggestions as to corrections)?
proper forms are indicated in this article, which is ONLY the
DS-11 form. There are two DS-11 forms: One for new
applicants and another for renewals. The correct one is
the NEW APPLICATION form, because if the other one had a social
security number on it, then it was filled out as a federal
employee on official duty. If you are going to be a
"national" but not a "citizen" and a sovereign, then you can't
be a federal employee under ANY circumstances, especially on any
government form. Read our
Resignation of Compelled Social Security Trustee for
confused about the term "U.S. national". A person born in a
state of the Union is NOT a "U.S. national" under
U.S.C. §1408, but a
8 USC §1101(a)(22)(B).
Please reread the pamphlet "Why
you are a "national" or a 'state national' and not a 'U.S.
"U.S. citizenship" on a government form means "nationality" and
not "citizen" status. This is proved in the "Why you are a
'national'" pamphlet mentioned in the above item, section
There is nothing wrong with saying you have "U.S. citizenship",
as long as you clarify exactly what that means, which is that of
being a "national" pursuant to
U.S.C. §1101(a)(21) but
NOT a "U.S. citizen" under
The correct form to apply for a passport for a person born in a
state of the Union are indicated above, which is the DS-11 form.
Dept. of State Passport
Amendment Form, DS-19 or the DS-11 renewal
form are the WRONG forms to use, because:
4.1 It does not
allow you to disassociate yourself from the Social Security
Number, which can only be used by federal employees on official
4.2 The DS-19
form does not allow you to update the most important changed
information, which is the change in your country of birth and
the citizenship of your parents.
As of 2006, the Dept.
of State discontinued the use of the DS-19 form. This form
was previously used to validate or amend an existing paper
passport. Since they recently introduced "e-passports"
with a chip on them, they are discouraging use of the older
passports and avoiding updating them. Now they want everyone to go out and get "chipped" and get an
e-passport that they can use to track you like an animal using
the RFID on the e-passport. Those who want privacy
probably don't want an e-passport, because they store all kinds
of private and personal information on the e-passport and the
database that goes with them.
Been reading up on passports on your site. I think I read it somewhere a
while back, and now can't seem to be able to relocate it, the authority
for using a substitute form, in lieu of those proffered by the gov't.
Because I am thinking of applying for one and am sure they will make a
big stink about it, and would like to have something to throw back in
their faces if they object. Thank you for your time and efforts.
You can find information about legality of modifying government forms in
Federal and State Withholding Options for Private Employers book,
section 18.2. That section doesn't deal directly or specifically
to modifying passport forms, but the principles apply generally to any
Question #3: What is
the oath that a naturalized person has to take in order to be an
Here is the oath.
THE OATH OF AMERICAN CITIZENSHIP
(Taken when naturalized)
“I hereby declare, on oath, that I absolutely and
entirely renounce and abjure all allegiance and fidelity to
any foreign prince, potentate, state, or sovereignty of whom
or which I have heretofore been a subject or citizen; that I
will support and defend the Constitution and laws of the
United States of America against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the
same; that I will bear arms on behalf of the United States
when required by law; that I will perform noncombatant
service in the Armed Forces of the United States when
required by the law; that I will perform work of national
importance under civilian direction when required by the
law; and that I take this obligation freely without any
mental reservation or purpose of evasion; so help me God.
In acknowledgement whereof I have hereunto affixed my
Question #4: On the
DS-11 form, Box 21 - where it asks Is your mother/father a U.S. Citizen?
The excellent passport info posted on this site and sedm tells you to -
Tick Yes, and line out U.S. Citizen and replace it with
National, or "non-citizen National."
I am curious, why not tick No? Since they're not US Citizens, but
The oath and signature asks me to declare that I am a United States
citizen (or non-citizen national) ... so, my thinking is if my own
signature can declare my non-citizen status - then my parent's status
could not negate my oath by some birthright argument.
I ask because I'd like to not cross out anything on the form if
possible, and use the SEDM attachment.
But I wanted to ask if there were any catch 22's of ticking No for my
parents on box 21!
That works too. There are lots of ways to skin the cat. Glad you're
thinking out of the box, because you'll need to do a lot of it in order
to stay free.
Question #5: What if I
applied for a new passport without a number? Won't they be able to
match it up with the old passport number?
Older passport application information is maintained in their databases,
but we don't know for how long. It is likely that they will be
able to match up the old information if they really want to, but that
information likely won't be maintained for long, nor can they lawfully
assume that the old or expired passport information is relevant. The
Social Security regulations, the SSA
Program Operations Manual System and SSA Form SSA-521 all authorize
anyone to terminate participation and eligibility for benefits. If
you have done that, which you should using the procedure below, any
numbers would be invalid beyond that point:
Resignation of Compelled Social Security Trustee