CITES BY TOPIC:  United States

AN INVESTIGATION INTO THE MEANING OF THE TERM "UNITED STATES"- by Alan Freedman


U.S. v. USA according to "The Bluebook:  A Uniform System of Citation"


PDF WORD STUDY OF "UNITED STATES" v. "UNITED STATES OF AMERICA" IN THE U.S. CODE


PDF WORDS AND PHRASES: "UNITED STATES"  -detailed analysis of the words "United States" from THE AUTHORITY


PDF IRS Publication 521, p. 7: Definition of United States-this definition will surprise you!


Wikipedia Encyclopedia Definition of "United States"-excellent


Uniform Commercial Code, Section 9-307

Uniform Commercial Code (U.C.C.)
9-307. LOCATION OF DEBTOR.

(h) [Location of United States.]

The United States is located in the District of Columbia.

[SOURCE:  http://www.law.cornell.edu/ucc/search/display.html?terms=district%20of%20columbia&url=/ucc/9/article9.htm#s9-307]


California Commercial Code, Section 9307(h)

CALIFORNIA COMMERCIAL CODE
DIVISION 9: SECURED TRANSACTIONS
CHAPTER 3: PERFECTION AND PRIORITY
SECTION 9307(h)

The United States is located in the District of Columbia.


Downes v. Bidwell, 182 U.S. 244 (1901):

"The earliest case is that of Hepburn v. Ellzey, 2 Cranch, 445, 2 L. ed. 332, in which this court held that, under that clause of the Constitution limiting the jurisdiction of the courts of the United States to controversies between citizens of different states, a citizen of the District of Columbia could not maintain an action in the circuit court of the United States. It was argued that the word 'state.' in that connection, was used simply to denote a distinct political society. 'But,' said the Chief Justice, 'as the act of Congress obviously used the word 'state' in reference to that term as used in the Constitution, it becomes necessary to inquire whether Columbia is a state in the sense of that instrument. The result of that examination is a conviction that the members of the American confederacy only are the states contemplated in the Constitution , . . . and excludes from the term the signification attached to it by writers on the law of nations.' This case was followed in Barney v. Baltimore, 6 Wall. 280, 18 L. ed. 825, and quite recently in Hooe v. Jamieson, 166 U.S. 395 , 41 L. ed. 1049, 17 Sup. Ct. Rep. 596. The same rule was applied to citizens of territories in New Orleans v. Winter, 1 Wheat. 91, 4 L. ed. 44, in which an attempt was made to distinguish a territory from the District of Columbia. But it was said that 'neither of them is a state in the sense in which that term is used in the Constitution.' In Scott v. Jones, 5 How. 343, 12 L. ed. 181, and in Miners' Bank v. Iowa ex rel. District Prosecuting Attorney, 12 How. 1, 13 L. ed. 867, it was held that under the judiciary act, permitting writs of error to the supreme court of a state in cases where the validity of a state statute is drawn in question, an act of a territorial legislature was not within the contemplation of Congress."  

[Downes v. Bidwell, 182 U.S. 244 (1901)]


The United States Isn't a Country.  Its a Corporation


O'Donohue v. United States, 289 U.S. 516, 53 S.Ct. 740 (1933):

"As the only judicial power vested in Congress is to create courts whose judges shall hold their offices during good behavior, it necessarily follows that, if Congress authorizes the creation of courts and the appointment of judges for limited time, it must act independently of the Constitution upon territory which is not part of the United States within the meaning of the Constitution."

[O'Donohue v. United States, 289 U.S. 516, 53 S.Ct. 740 (1933)]


Valmonte v. I.N.S., 136 F.3d. 914 (C.A.2, 1998)

"The principal issue in this petition is the territorial scope of the term "the United States" in the Citizenship Clause of the Fourteenth Amendment. U.S. Const. amend. XIV, § 1 ("All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." (emphasis added)). Petitioner, who was born in the Philippines in 1934 during its status as a United States territory, argues she was "born ... in the United States" and is therefore a United States citizen.

Petitioner's argument is relatively novel, having been addressed previously only in the Ninth Circuit. See Rabang v. INS, 35 F.3d 1449, 1452 (9th Cir.1994) ("No court has addressed whether persons born in a United States territory are born 'in the United States,' within the meaning of the Fourteenth Amendment."), cert. denied sub nom. Sanidad v. INS, 515 U.S. 1130, 115 S.Ct. 2554, 132 L.Ed.2d. 809 (1995). In a split decision, the Ninth Circuit held that "birth in the Philippines during the territorial period does not constitute birth 'in the United States' under the Citizenship Clause of the Fourteenth Amendment, and thus does not give rise to United States citizenship." Rabang, 35 F.3d at 1452. We agree.

Despite the novelty of petitioner's argument, the Supreme Court in the Insular Cases provides authoritative guidance on the territorial scope of the term "the United States" in the Fourteenth Amendment. The Insular Cases were a series of Supreme Court decisions that addressed challenges to duties on goods transported from Puerto Rico to the continental United States. Puerto Rico, like the Philippines, had been recently ceded to the United States. The Court considered the territorial scope of the term "the United States" in the Constitution and held that this term as used in the uniformity clause of the Constitution was territorially limited to the states of the Union. U.S. Const. art. I, § 8 ("[A]ll Duties, Imposts and Excises shall be uniform throughout the United States." (emphasis added)); see Downes v. Bidwell, 182 U.S. 244, 251, 21 S.Ct. 770, 773, 45 L.Ed. 1088 (1901) ("[I]t can nowhere be inferred that the territories were considered a part of the United States. The Constitution was created by the people of the United States, as a union of States, to be governed solely by representatives of the States; ... In short, the Constitution deals with States, their people, and their representatives."); Rabang, 35 F.3d at 1452. Puerto Rico was merely a territory "appurtenant and belonging to the United States, but not a part of the United States within the revenue clauses of the Constitution." Downes, 182 U.S. at 287, 21 S.Ct. at 787.

The Court's conclusion in Downes was derived in part by analyzing the territorial scope of the Thirteenth and Fourteenth Amendments. The Thirteenth Amendment prohibits slavery and involuntary servitude "within the United States, or any place subject to their jurisdiction." U.S. Const. amend. XIII, § 1 (emphasis added). The Fourteenth Amendment states that persons "born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." U.S. Const. amend XIV, § 1 (emphasis added). The disjunctive "or" in the Thirteenth Amendment demonstrates that "there may be places within the jurisdiction of the United States that are no[t] part of the Union" to which the Thirteenth Amendment would apply. Downes, 182 U.S. at 251, 21 S.Ct. at 773. Citizenship under the Fourteenth Amendment, however, "is not extended to persons born in any place 'subject to [the United States '] jurisdiction,' " but is limited to persons born or naturalized in the states of the Union. Downes, 182 U.S. at 251, 21 S.Ct. at 773 (emphasis added); see also id. at 263, 21 S.Ct. at 777 ("[I]n dealing with foreign sovereignties, the term 'United States' has a broader meaning than when used in the Constitution, and includes all territories subject to the jurisdiction of the Federal government, wherever located.").

Following the decisions in the Insular Cases, the Supreme Court confirmed that the Philippines, during its status as a United States territory, was not a part of the United States. See Hooven & Allison Co. v. Evatt, 324 U.S. 652, 678, 65 S.Ct. 870, 883, 89 L.Ed. 1252 (1945) ("As we have seen, [the Philippines] are not a part of the United States in the sense that they are subject to and enjoy the benefits or protection of the Constitution, as do the states which are united by and under it."); see id. at 673-74, 65 S.Ct. at 881 (Philippines "are territories belonging to, but not a part of, the Union of states under the Constitution," and therefore imports "brought from the Philippines into the United States ... are brought from territory, which is not a part of the United States, into the territory of the United States.").

Accordingly, the Supreme Court has observed, without deciding, that persons born in the Philippines prior to its independence in 1946 are not [CONSTITUTIONAL] citizens of the United States. See Barber v. Gonzales, 347 U.S. 637, 639 n. 1, 74 S.Ct. 822, 823 n. 1, 98 L.Ed. 1009 (1954) (stating that although the inhabitants of the Philippines during the territorial period were "nationals" of the United States, they were not "United States citizens"); Rabang v. Boyd, 353 U.S. 427, 432 n. 12, 77 S.Ct. 985, 988 n. 12, 1 L.Ed.2d. 956 (1957) ("The inhabitants of the Islands acquired by the United States during the late war with Spain, not being citizens of the United States, do not possess right of free entry into the United States." (emphasis added) (citation and internal quotation marks omitted)).

Petitioner, notwithstanding this line of Supreme Court authority since the Insular Cases, argues that the Fourteenth Amendment codified English common law principles that birth within the territory or dominion of a sovereign confers citizenship. Because the United States exercised complete sovereignty over the Philippines during its territorial period, petitioner asserts that she is therefore a citizen by virtue of her birth within the territory and dominion of the United States. Petitioner argues that the term "the United States" in the Fourteenth Amendment should be interpreted to mean "within the dominion or territory of the United States." Rabang, 35 F.3d at 1459 (Pregerson, J., dissenting); see United States v. Wong Kim Ark, 169 U.S. 649, 693, 18 S.Ct. 456, 473-74, 42 L.Ed. 890 (1898) (relying on the English common law and holding that the Fourteenth Amendment "affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country" (emphasis added)); Inglis v. Sailors' Snug Harbour, 28 U.S. (3 Pet.) 99, 155, 7 L.Ed. 617 (1830) (Story, J., concurring and dissenting) (citizenship is conferred by "birth locally within the dominions of the sovereign; and ... birth within the protection and obedience ... of the sovereign").

We decline petitioner's invitation to construe Wong Kim Ark and Inglis so expansively. Neither case is reliable authority for the citizenship principle petitioner would have us adopt. The issue in Wong Kim Ark was whether a child born to alien parents in the United States was a citizen under the Fourteenth Amendment. That the child was born in San Francisco was undisputed and "it [was therefore] unnecessary to define 'territory' rigorously or decide whether 'territory' in its broader sense (i.e. outlying land subject to the jurisdiction of this country) meant 'in the United States' under the Citizenship Clause." Rabang, 35 F.3d at 1454.   Similarly, in Inglis, a pre-Fourteenth Amendment decision, the Court considered whether a person, born in the colonies prior to the Declaration of Independence, whose parents remained loyal to England and left the colonies after independence, was a United States citizen for the purpose of inheriting property in the United States. Because the person's birth within the colonies was undisputed, it was unnecessary in that case to consider the territorial scope of common law citizenship.

The question of the Fourteenth Amendment's territorial scope was not before the Court in Wong Kim Ark or Inglis and we will not construe the Court's statements in either case as establishing the citizenship principle that a person born in the outlying territories of the United States is a United States citizen under the Fourteenth Amendment. See Rabang, 35 F.3d at 1454. "[G]eneral expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision." Cohens v. Virginia, 19 U.S. (6 Wheat.) 264, 399, 5 L.Ed. 257 (1821) (Marshall, C.J.).

In sum, persons born in the Philippines during its status as a United States territory were not "born ... in the United States" under the Fourteenth Amendment. Rabang, 35 F.3d at 1453 (Fourteenth Amendment has an "express territorial limitation which prevents its extension to every place over which the government exercises its sovereignty."). Petitioner is therefore not a United States citizen by virtue of her birth in the Philippines during its territorial period.

Petitioner makes several additional arguments that we address and dispose of quickly. First, contrary to petitioner's argument, Congress' classification of the inhabitants of the Philippines as "nationals" during the Philippines' territorial period did not violate the Thirteenth Amendment. The Thirteenth Amendment "proscribe[s] conditions of 'enforced compulsory service of one to another.' " Jobson v. Henne, 355 F.2d. 129, 131 (2d Cir.1966) (quoting Hodges v. United States, 203 U.S. 1, 16, 27 S.Ct. 6, 8, 51 L.Ed. 65 (1906)).

Furthermore, contrary to petitioner's argument, Congress had the authority to classify her as a "national" and then reclassify her as an alien to whom the United States immigration laws would apply. Congress' authority to determine petitioner's political and immigration status was derived from three sources. Under the Constitution, Congress has authority to "make all needful Rules and Regulations respecting the Territory ... belonging to the United States," see U.S. Const. art. IV, § 3, cl. 2, and "[t]o establish an uniform Rule of Naturalization," id. art. I, § 8, cl.4. The Treaty of Paris provided that "the civil rights and political status of the native inhabitants ... shall be determined by Congress." Treaty of Paris, supra, art. IX, 30 Stat. at 1759. This authority was confirmed in Downes where the Supreme Court stated that the "power to acquire territory by treaty implies not only the power to govern such territory, but to prescribe upon what terms the United States will receive its inhabitants, and what their status shall be." Downes, 182 U.S. at 279, 21 S.Ct. at 784; see Rabang v. Boyd, 353 U.S. 427, 432, 77 S.Ct. 985, 988, 1 L.Ed.2d. 956 (1957) (rejecting argument that Congress did not have authority to alter the immigration status of persons born in the Philippines).

Congress' reclassification of Philippine "nationals" to alien status under the Philippine Independence Act was not tantamount to a "collective denaturalization" as petitioner contends. See Afroyim v. Rusk, 387 U.S. 253, 257, 87 S.Ct. 1660, 1662, 18 L.Ed.2d. 757 (1967) (holding that Congress has no authority to revoke United States citizenship). Philippine "nationals" of the United States were not naturalized United States citizens. See Manlangit v. INS, 488 F.2d. 1073, 1074 (4th Cir.1973) (holding that Afroyim addressed the rights of a naturalized American citizen and therefore does not stand as a bar to Congress' authority to revoke the non-citizen, "national" status of the Philippine inhabitants).
[Valmonte v. I.N.S., 136 F.3d. 914 (C.A.2, 1998)]


Although this argument was not raised before the immigration judge or on appeal to the BIA, it may be raised for the first time in this petition. See INA, supra, § 106(a)(5), 8 U.S.C. § 1105a(a)(5).

For the purpose of deciding this petition, we address only the territorial scope of the phrase "the United States" in the Citizenship Clause. We do not consider the distinct issue of whether citizenship is a "fundamental right" that extends by its own force to the inhabitants of the Philippines under the doctrine of territorial incorporation. Dorr v. United States, 195 U.S. 138, 146, 24 S.Ct. 808, 812, 49 L.Ed. 128 (1904) ("Doubtless Congress, in legislating for the Territories would be subject to those fundamental limitations in favor of personal rights which are formulated in the Constitution and its amendments." (citation and internal quotation marks omitted)); Rabang, 35 F.3d at 1453 n. 8 ("We note that the territorial scope of the phrase 'the United States' is a distinct inquiry from whether a constitutional provision should extend to a territory." (citing Downes v. Bidwell, 182 U.S. 244, 249, 21 S.Ct. 770, 772, 45 L.Ed. 1088 (1901))). The phrase "the United States" is an express territorial limitation on the scope of the Citizenship Clause. Because we determine that the phrase "the United States" did not include the Philippines during its status as a United States territory, we need not determine the application of the Citizenship Clause to the Philippines under the doctrine of territorial incorporation. Cf. United States v. Verdugo-Urquidez, 494 U.S. 259, 291 n. 11, 110 S.Ct. 1056, 1074 n. 11, 108 L.Ed.2d 222 (1990) (Brennan, J., dissenting) (arguing that the Fourth Amendment may be applied extraterritorially, in part, because it does not contain an "express territorial limitation[ ]").

De Lima v. Bidwell, 182 U.S. 1, 21 S.Ct. 743, 45 L.Ed. 1041 (1901); Dooley v. United States, 182 U.S. 222, 21 S.Ct. 762, 45 L.Ed. 1074 (1901); Armstrong v. United States, 182 U.S. 243, 21 S.Ct. 827, 45 L.Ed. 1086 (1901); and Downes v. Bidwell, 182 U.S. 244, 21 S.Ct. 770, 45 L.Ed. 1088 (1901).

Congress, under the Act of February 21, 1871, ch. 62, § 34, 16 Stat. 419, 426, expressly extended the Constitution and federal laws to the District of Columbia. See Downes, 182 U.S. at 261, 21 S.Ct. at 777 (stating that the "mere cession of the District of Columbia" from portions of Virginia and Maryland did not "take [the District of Columbia] out of the United States or from under the aegis of the Constitution.").

This point is well illustrated by the Court's ambiguous pronouncements on the territorial scope of common law citizenship. See Rabang, 35 F.3d at 1454; compare Wong Kim Ark, 169 U.S. at 658, 18 S.Ct. at 460 (under the English common law, "every child born in England of alien parents was a natural-born subject" (emphasis added)), and id. at 661, 18 S.Ct. at 462 ("Persons who are born in a country are generally deemed citizens and subjects of that country." (citation and internal quotation marks omitted; emphasis added)), with id. at 667, 18 S.Ct. at 464 (citizenship is conferred by "birth within the dominion").


American Jurisprudence 2d, Volume 77, Section 2: "United States"

"[T]he term 'United States' has a broader meaning than when used in the Constitution, and includes all territories subject to the jurisdiction of the Federal Government wherever located."

[77 Am.Jur.2d, 2, "United States"]


8 U.S.C. 1101 Definitions

TITLE 8 > CHAPTER 12 > SUBCHAPTER I > Sec. 1101.  [Aliens and Nationality]

Sec. 1101. - Definitions

(a)(38) The term ''United States'', except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.


18 U.S.C. 5 Definitions

TITLE 18 > PART I > CHAPTER 1 > 5

5. United States defined

The term “United States”, as used in this title in a territorial sense, includes all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone.


26 U.S.C. 7701 Definitions

TITLE 26 > Subtitle F > CHAPTER 79 > Sec. 7701.  [Internal Revenue Code]

Sec. 7701. - Definitions

(a)(9) United States

The term ''United States'' when used in a geographical sense includes only the States and the District of Columbia.


28 U.S.C. 1603 Definitions

TITLE 28 > PART IV > CHAPTER 97 > Sec. 1603.  [Judiciary and Judicial Procedure]

Sec. 1603. - Definitions

For purposes of this chapter [Chapter 97] -

(c) The ''United States'' includes all territory and waters, continental or insular, subject to the jurisdiction of the United States.


28 U.S.C. 3002 Definitions

TITLE 28 > PART VI > CHAPTER 176 > SUBCHAPTER A > Sec. 3002.
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 176 - FEDERAL DEBT COLLECTION PROCEDURE
SUBCHAPTER A - DEFINITIONS AND GENERAL PROVISIONS
Sec. 3002. Definitions

(15) ''United States'' means -

(A) a Federal corporation;

(B) an agency, department, commission, board, or other entity of the United States; or

(C) an instrumentality of the United States.


PDF 19 Corpus Juris Secundum (CJS) 883-884 (Publication date 2003): Foreign Corporations-The United States government is a foreign corporation with respect to a state.


26 U.S.C. 3121 Definitions

TITLE 26 > Subtitle C > CHAPTER 21 > Subchapter C > Sec. 3121. [Employment Taxes: FICA]

Sec. 3121. - Definitions

(e) State, United States, and citizen

For purposes of this chapter [Chapter 21]-

(1) State

The term ''State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.

(2) United States

The term ''United States'' when used in a geographical sense includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.

An individual who is a citizen of the Commonwealth of Puerto Rico (but not otherwise a citizen of the United States) shall be considered, for purposes of this section, as a citizen of the United States.


26 U.S.C. 4612 Definitions and special rules

TITLE 26 > Subtitle D > CHAPTER 38 > Subchapter A > Sec. 4612.  [Environmental Taxes: Taxes on Petroleum]

Sec. 4612. - Definitions and special rules

(a) Definitions

For purposes of this subchapter [subchapter A]-

(4) United States

(A) In general

The term ''United States'' means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, any possession of the United States, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

(B) United States includes continental shelf areas

The principles of section 638 shall apply for purposes of the term ''United States''.

(C) United States includes foreign trade zones

The term ''United States'' includes any foreign trade zone of the United States.


U. S. v. Curtis-Wright Corp. 299 U. S. 304, 57 S. Ct. 216 (1936).

"With respect to the free white de jure citizens of the States the United States is sovereign in respect to foreign affairs; domestically only powers granted or reasonably implied from the Constitution LIMIT its sovereignty to certain specific spheres."


Hooven & Allison Co. v. Evatt, 324 U.S. 652, (1945)

"The term 'United States' may be used in any one of several senses. [Definition 1, abbreviated "United States*" in our Great IRS Hoax book] It may be merely the name of a sovereign occupying the position  analogous to that of other sovereigns in the family of nations. [Definition 2, abbreviated "United States**" or "federal United States" or "federal zone" in our Great IRS Hoax book] It may designate the territory over which the sovereignty of the United States extends, or [Definition 3, abbreviated "United States***" in our Great IRS Hoax book] it may be the collective name of the states which are united by and under the Constitution."

[WARNING:  You should NOT assume or presume that when you see the term "United States" used in a law, that it simultaneously has ALL the above three definitions associated with it.  The definition depends on the context it is used, and as you can see from the article below, if it is the Constitution, then it implies Definitions 1 and 3 above, while if it is a federal statute or an "Act of Congress", it instead implies only Definition 2 above in most cases.]


49 U.S.C. §13102: Definitions

(20) United states. - The term ''United States'' means the States of the United States and the District of Columbia.


26 C.F.R. 31.3306(j)-1: State, United States, and citizen

Title 26: Internal Revenue
PART 31—EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE
Subpart D—Federal Unemployment Tax Act (Chapter 23, Internal Revenue Code of 1954)
31.3306(j)-1   State, United States, and citizen.

(a) When used in the regulations in this subpart, the term “State” includes the District of Columbia, the Territories of Alaska and Hawaii before their admission as States, and (when used with respect to remuneration paid after 1960 for services performed after 1960) the Commonwealth of Puerto Rico.

(b) When used in the regulations in this subpart, the term “United States”, when used in a geographical sense, means the several States (including the Territories of Alaska and Hawaii before their admission as States), and the District of Columbia. When used in the regulations in this subpart with respect to remuneration paid after 1960 for services performed after 1960, the term “United States” also includes the Commonwealth of Puerto Rico when the term is used in a geographical sense, and the term “citizen of the United States” includes a citizen of the Commonwealth of Puerto Rico.

[T.D. 6658, 28 FR 6641, June 27, 1963]


United States- Definition from Wikipedia Online Encyclopedia


THE DEFINITION OF "UNITED STATES" -LANGDELL'S ARTICLE "THE STATUS OF OUR NEW TERRITORIES"

The supreme court case of Hooven & Allison Co. v. Evatt, 324 U.S. 653 (1945) is often cited within the tax honesty movement for the definition of the term "United States" ...


"The term 'United States' may be used in any one of several senses. [Definition 1, abbreviated "United States*" in our Great IRS Hoax book] It may be merely the name of a sovereign occupying the position  analogous to that of other sovereigns in the family of nations. [Definition 2, abbreviated "United States**" or "federal United States" or "federal zone" in our Great IRS Hoax book] It may designate the territory over which the sovereignty of the United States extends, or [Definition 3, abbreviated "United States***" in our Great IRS Hoax book] it may be the collective name of the states which are united by and under the Constitution. (6)"

Hooven, supra


There is a footnote to the Hooven cite:


[ Footnote 6 ] See Langdell, 'The Status of our New Territories', 12 Harv.L.Rev. 365, 371; see also Thayer, 'Our New Possessions', 12 Harv.L.Rev. 464; Thayer, 'The Insular Tariff Cases in the Supreme Court', 15 Harv.L.Rev. 164; Littlefield, 'The Insular Cases', 15 Harv.L.Rev. 169, 281.


The first article cited by the Supreme Court is the one relied on for the definition of the term "United States."  Therefore, knowing what this article has to say would give the proper interpretation of the definitions mentioned by the court.  

THE STATUS OF OUR NEW TERRITORIES

What extent of territory do the United States of America comprise?  In order to answer this question intelligently, it is necessary to ascertain the meaning of the term "United States."

[Definition 3 in Hooven & Allison above] First. -- It is the collective name of the States which are united together by and under the Constitution of the United States; and, prior to the adoption of that Constitution, and subsequently to the Declaration of Independence, it was the collective name of the thirteen States which made that declaration, and which from the time of the adoption of the Articles of Confederation to that of the adoption of the Constitution, were united together by and under the former.  This, moreover, is the original, natural, and literal meaning of the term.  Between the time of the first meeting of the Continental Congress, and that of the Declaration of Independence, the term "United Colonies" came into general use, and, upon independence being declared, as the thirteen colonies became the thirteen States, the term was of course changed to "United States."  In the declaration of Independence both terms are used.  When the articles of Confederation were framed, "United States of America" was declared to be the name and style of the confederation created by those articles.  This, however, had no other effect than to confirm the existing practice, and to increase the use of the term in the sense which it had already acquired; and accordingly, during the whole period of Confederation, "United States" meant the same as "the thirteen United States," and the primary reason for using either term was to save the necessity of enumerating the thirteen States by name.

Indeed, the Articles of Confederation were merely an agreement between the thirteen States in their corporate capacity, or, more correctly, an agreement by each of the thirteen States with all the others.  There were, therefore, thirteen parties to the confederation, and no more, and the people of the different States as individuals had directly no relations with it.  Accordingly, it was the States in their corporate capacity that voted in the Continental Congress, and not the individual members of the Congress; and hence the voting power of a State did not at all depend upon the number of its delegates in Congress, and in fact each State was left to determine for itself, within certain limits, how many delegates it would send.  Hence also each State had the same voting power.  Even the style of the Continental Congress was "The United States in Congress assembled," -- not (as the present style would suggest) "The Delegates of the United States in Congress assembled"; and if the style had been "The Thirteen United States in Congress assembled," the meaning would have been precisely the same.

Evidence to the same effect, as to the sense in which the term "United States" was used prior to the time of the adoption of the Constitution, is furnished by the treaties made during the period of the Confederation.  Thus, the Treaty of Alliance made with France, February 6, 1778, begins: "The Most Christian King and the United States of North America, New Hampshire," etc.  So the Treaty of Amity and Commerce made with Holland, October 8, 1782, begins: "Their High Mightinesses, the States-General of the United Netherlands, and the United States of America, namely, New Hampshire," etc.  Sot the Treaty of Amity and Commerce made with Sweden, April 3, 1783, begins: "The King of Sweden and the thirteen United States of North America, namely, New Hampshire," etc.  Lastly, the Definitive Treaty of Peace with England, September 3, 1783, by which our independence was established, after a recital, proceeds thus: "Art. I.  His Britannic Majesty acknowledges the said United States, namely, New Hampshire, &c., to be free, sovereign and independent States; that he treats with them as such; and relinquishes all clams to the government, propriety, and territorial rights."

With the adoption of the Constitution there came a great change; for the Constitution was not an agreement, but a law, -- a law, too, superior to all other laws, coming as it did from the ultimate source of all laws, namely, the people, and being expressly declared by them to be the supreme law of the land.  At the same time, however, it neither destroyed not consolidated the States, nor even affected their integrity; and though it was established by the people of the United States; yet it was not established by them as one people, nor was its establishment a single act; but on the contrary, its establishment in each State was the act of the people of that State; and if the people of any State had finally refused to ratify and adopt it, the consequence would have been that that State would have ceased to be one of the United States.  Indeed, the Constitution and the Articles of Confederation differ from each other, in respect to the source of their authority, in one particular only, namely, that, while the former proceeded from the people of each State, the latter proceeded from the Legislature of each State.  In respect to their effect and operation also, the two instruments differ from each other in one particular way only, namely, that, while the Articles of Confederation merely imposed an obligation upon each State, in its corporate and sovereign capacity, in favor of the twelve other States, the Constitution binds as a law, not each State, but all persons and property in each State.  These differences, moreover, fundamental and important as they undoubtedly are, do not, nor does either of them , at all affect either the meaning or use of the term "United States"; and therefore, the conclusion is that the meaning or the use of the term had the day after Independence was declared, it still retains, and that this is its natural and literal meaning.

Regarded, then, as simply the collective names of the States, do the United States comprise territory?  Directly, they certainly do not; indirectly, they do comprise the territory of the forty-five States, and no more.  That they comprise this territory only indirectly, appears from the fact that such territory will always be identified with the territory of all the States in the aggregate, -- will increase as that increases, and diminish as that diminishes.

[Definition 1 in Hooven & Allison above] Secondly.  -- Since the adoption of the Constitution, the term "United States" has been the name of the sovereign, and that sovereign occupies a position analogous to that of the personal sovereignties of most European countries.  Indeed the analogy between them is close, at least in one respect, than at first sight appears; for a natural person who is also a sovereign has two personalities, one natural, the other artificial and legal, and it is the latter that is sovereign.  It is as true, therefore, of England (for example) as it is of this country, that her sovereign is an artificial and legal person (i.e., a body politic and corporate), and, therefore, never dies.  The difference between the two sovereigns is, that, while the former consists of a single person, the latter consists of many persons, each of whom is a member of the body politic.  In short, while the former is a corporation sole, the latter is a corporation aggregate.

Who, then, are those persons of whom the United States as a body politic consists, and who constitute its members?  Clearly, they must be either the States in their corporate capacity, i.e., artificial and legal persons, or the citizens of all the States in the aggregate; and it is not difficult to see that they are the former.  Indeed, the latter do not form a political unit for any purpose.  The citizens of each State form the body politic of that State, and the States form the body politic of the United States.  The latter, therefore, consisted at first of the original thirteen States, just as the Confederation did; but, as often as a new State was admitted, a new member was received into the body politic, -- which, therefore, now consists of forty-five members.  It will be seen, therefore, that, while the United States, in its second sense, signifies the body politic created by the Constitution, in its first sense it signifies the members of that body politic in the aggregate.  A consequence is that, while in its first sense the term "United States" is always plural, in its second sense it is in strictness always singular.

The State of New York furnishes a good illustration of the two senses in which the term "United States" is used under the Constitution; for the style of that State, as a body politic, is "The People of the State of New York," and the members of that body politic are the citizens of the State.  The term "people," therefore, in that State, means, first, all the citizens of the State in the aggregate (i.e., the members of the body politic), and secondly, the body politic itself; and while in the former sense it is plural, in the latter sense it is singular.

The term "United States" is used in its second sense whenever it is used for the purpose of expressing legal or political relations between the United States and the particular States, or between the former and foreign sovereigns or states, or legal relations between the former and private persons, while it is used in its first and original sense whenever it is desired to designate the particular States collectively, either as such or as members of the body politic of the United States  It is also used in that sense whenever it is used to designate the territory of all the States in the aggregate.

As a substitute for the term "United States," when used in its second sense, the term "Union" is often employed.  The original difference between "United States" and "Union" was that, while the former was concrete, the latter was abstract; and hence it is that the latter cannot be substituted for the former when used in its original sense.

When used in its second sense, it is plain that the term "United States" has no reference to extent of territory, either directly or indirectly.  Regarded as a body politic, the United States may and does own territory, and may be and is a sovereign over territory, but to speak of its constituting or comprising territory would be no less absurd than to predicate the same thing of a personal sovereign, though the absurdity would be less obvious.

[Definition 2 in Hooven & Allison above] Thirdly.  -- Since the treaty with England of September 3, 1783, the term "United States" has often been used to designate all territory over which the sovereignty of the United States extended [under Article 1, Section 8, Clause 17 of the federal Constitution]The occasion for so using the term could not of course arise until the United States acquired the sovereignty over territory outside the limits of any State, and they first acquired such territory by the treaty just referred to .  For although, as has been said, that treaty was made with each of the thirteen States, yet, in fixing the boundaries, the thirteen States were treated as constituting one country, England not being interested in the question how that country should be divided among the several States.  Moreover, the boundaries established by the treaty embraced a considerable amount of territory in the Northwest to which no State had any separate claim, and which, therefore, belonged to the united States; and the territory thus acquired was enlarged from time to time by cessions from different States, until at length it embraced the entire region within the limits of the treaty, and west of Pennsylvania, Virginia, North Carolina, and Georgia, as the western boundaries of those States were afterwards established, with the exception of the territory now constituting the States of Kentucky.  Then followed in succession the acquisitions from France, Spain, Texas, and Mexico.  Out of all the territory thus acquired, twenty-eight great States have been from time to time carved; and yet there has never been a time, since the date of the treaty before referred to, when the United States had not a considerable amount of territory outside the limits of the any State.

It is plain, therefore, that for one hundred and fifteen years there has been more or less need of some word or term by which to designate as well the territories of the United States as the States themselves; and such word or term ought, moreover to have been one signifying directly not territory, but sovereignty, sovereignty being the only thing that can be predicated alike of States and territories.  The same need was long since felt by England as well as by other European countries, and the word "empire" was adopted to satisfy it; and perhaps we should have adopted the same word, if we had felt the need of a new word or term more strongly.  Two peculiarities have, however, hitherto characterized the territory held by the United States outside the limits of any State: first, such territory has been a virtual wilderness; secondly, it has been looked upon merely as material out of which new States were to be carved just as soon as there was sufficient population to warrant the taking of such a step; and hence the need of a single term which would embrace territories as well as States has not been greatly felt.  At all events, no such term has been adopted; and hence "United States" is the only term we have had to designate collectively either the States alone, or the States and territories; and accordingly, while it has always been used for the former of these two purposes, it has also been used for the latter.

It is very important, however, to understand that the use of the term "United States" to designate all territory over which the United States is sovereign, is, like the similar use of the word "empire" in England and other European countries, purely conventional; and that it has, therefore, no legal or constitutional significance.  Indeed, this use of the term has no connection whatever with the Constitution of the United States, and the occasion for it would have been precisely the same if the Articles of Confederation had remained in force to the present day, assuming that, in other respects, our history had been what is has been.

The conclusion, therefore, is that, while the term "United States" has three meanings, only the first and second of these are known to the Constitution; and that is equivalent to saying that the Constitution of the United States as such does not extend beyond the limits of the States which are united by and under it, -- a proposition the truth of which will, it is believed, be placed beyond doubt by an examination of the instances in which the term "United States" is used in the Constitution.

Its use first occurs in the preamble, in which it is used twice.  The first time it is plainly used in its original sense, i.e., as the collective name of the States which should adopt it.  If the words had been "We, the people of the thirteen United States respectively," the sense in which "United States" was used would have been precisely the same.  Nor is there any doubt that it is used in the same sense at the end of the preamble.  Of course there is a very strong presumption that when a constitution is made by a sovereign people, it is made exclusively for the country inhabited by that people, and exclusively for that people regarded as a body politic, and so having perpetual succession; and the same is true, mutatis mutandis, of a constitution made by the people of the several sovereign States united together for that purpose.  The preamble, however, does not leave it to presumption to determine for what regions of country and what people the Constitution of the United States was made; for it expressly declares that its purposes and objects are, first, to form a more perfect union (i.e., among the thirteen States, or as many of them as shall adopt it).  The follow four other objects which, though in terms indefinite as to their territorial scope, are by clear implication limited to the same States; and lastly its purpose and object are declared to be to secure the blessings of liberty to the people by whom it is ordained and established, and their successors; for though the word is "posterity," it is clearly not used with literal accuracy, but in the sense of "successors."  According to the preamble, therefore, the Constitution is limited to the thirteen States which were united under the Articles of Confederation; and it is by virtue of Art. 4, sect. 3, subsect. I, and in spite of the preamble, that new States have been admitted upon an equal footing with the original thirteen.

In the phrases, "Congress of the United States," "Senate of the United States," "President of the United States," or "Vice president of the United States," "office under the United States," "officers of the United States," "on the credit of the United States," "securities and current coin of the United States," "service of the United States," "government of the United States," "granted by the United States," "Treasury of the United States," "Constitution of the United States," "army and navy of the United States," "offences against the United States," "judicial power of the United States," "laws of the United States," "controversies to which the United States shall be a party," "treason against the United States," "territory or other property belonging to the United States," "claims of the United States," "the United States shall guarantee," "shall be valid against the United States," "under the authority of the United States," "court of the United States," "delegated to the United States," "public debt of the United States," "insurrection or rebellion against the United States," "shall not be denied or abridged by the United States," "neither the United States nor any State shall assume or pay," the term "United States is used in its second sense [as the name of the sovereign.]  It seems also to be used in the same sense in the phrase "citizen of the United States;" for it is only as a unit, a body politic, and a sovereign, that the United States can have citizens, - not as the collective name of forty-five States.  In the phrase, "common defence and general welfare of the United States," it seems to be used in its first or original sense, [the States united under the Constitution] especially as "common defence" and "general welfare" are taken from the preamble.  Certainly there is no pretence for saying it is used in its third sense [territory over which the sovereignty of the United States extends.]  In the phrase "throughout the United States," there is believed to be no doubt that it is used in its original sense, though it may be claimed  that it is used in the third sense.  That it is used in its original sense in one instance is certain; and when the phrase is used in different parts of the Constitution, a strong presumption arises that it is always used in the same sense.

In the phrase, "resident within the United States," there can be no doubt that "United States" is used in its original sense, the meaning being the same as if the words had been, "resident in one or more of the United States."

The phrase, "one of the United States," affords a good instance of the use of the "United States" in its original sense.

In the phrase, "shall not receive any other emolument from the United States or any one of them," it is certain that "United States" is used in its second sense, though it is also certain that the draughtsman supposed he was using it in its original sense.

In the phrase, "all persons born or naturalized in the United States," it seems clear that "United States" is used in its original sense; for, first, it is either used in that sense, or in its third sense, and as the latter is not a constitutional or legal sense, there is a presumption that the term is not used in that sense in an amendment of the Constitution; secondly, it is declared that the same persons shall be citizens of the State in which they reside, and this shows that the authors of the amendment contemplated only States, for, if they would have contemplated Territories as well, they would have said "citizen of the State or Territory in which they reside"; thirdly, the whole of the 14th Amendment had reference exclusively to the then late war, and was designed to secure its results, - in particular to secure to persons of African descent certain political rights, and to take from the States respectively in they might reside the power to deprive them of those rights.  Moreover, the amendment consists mainly of prohibitions, and these are all (with a single exception which need not be mentioned) aimed exclusively against the States.  It was no part of the object of the amendment to restrain the power of Congress (which its authors did not distrust), and hence there was no practical reason for extending its operations to the Territories, in which all the power resided in Congress.  What is the true meaning of the "United States" in the phrase under consideration is certainly a question of great moment, for on its answer depends the question whether all persons hereafter born in any of our recently acquired islands will be by birth citizens of the United States.

The foregoing comprise all the instances but one in which the term "United States" is used either in the original Constitution, or in any of its amendments.  The other instance is found in the 13th Amendment, - in which "United States" is plainly used in its original sense, if the words which follow it are to have any meaning; and yet, if the authors of that amendment had understood the term "United States," when used in the Constitution to express extent of territory, had its third meaning, they would have omitted the words, "or any place subject to their jurisdiction."

Harvard Law Review - Vol. XII, NO. 6 - January 25, 1899


How many of the “Secrets” of 28 U.S.C. Section 1746 can you find in that section?

  1. The United States is only federal territory.
  2. The United States of America is the government of the States.
  3. The law of the United States is federal law in federal territory and Washington, D. C.
  4. Outside the United States means outside federal territory or outside Washington, D. C.
  5. Federal law applies to federal territory and property without an oath.
  6. Federal law can only apply to a human being by an oath taken by or given by another human.
  7. The law of the United States of America is government law of the States.
  8. The English common law does not require an oath.
  9. The English common law is not part of the Constitution.

TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE

PART V--PROCEDURE

CHAPTER 115--EVIDENCE; DOCUMENTARY

Title 28 U.S.C. Sec. 1746. Unsworn declarations under penalty of perjury

Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:

(1) If executed without the United States: ``I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).

                                 (Signature)''.

(2) If executed within the United States, its territories, possessions, or commonwealths: ``I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct.

Executed on (date).

(Signature)''.

(Added Pub. L. 94-550, Sec. 1(a), Oct. 18, 1976, 90 Stat. 2534.)

Prior Provisions

A prior section 1746 was renumbered section 1745 of this title.


PDF"United States" Defined in a Navy Contract

UnitedStatesDefined


Great IRS Hoax, Preface: Definitions:

United States — means by default, all places and waters, continental or insular, subject to the sovereign jurisdiction of the United States under Article 1, Section 8, Clause 17 of the Constitution of the United States of America.  This is the default definition for “United States” in all federal statutes and regulations.  This area is also commonly called the “federal zone”.  See the U.S. Supreme Court ruling of Hooven & Allison Co. v. Evatt, 324 U.S. 652 (1945) for the three proper definitions of this term.  Very few legal dictionaries define this term because the legal profession doesn’t want you to know the definition, since it helps to reveal the very limited jurisdiction of the federal courts.  Below is a summary of the meaning of the term “United States” as found in various sources.

Table 1: Summary of meaning of term "United States

Context Author Meaning of “United States” in referenced context Notes
Federal Constitution Union States/”We The People” States of the Union See:  http://famguardian.org/
TaxFreedom/CitesByTopic/UnitedStates.htm
Federal statutes Federal government Federal zone See sections 4.6 through 4.9, 5.2 through 5.2.14.
Federal regulations Federal government Federal zone See sections 4.6 through 4.9, 5.2 through 5.2.14.
State constitutions “We The People” Federal zone See sections 4.6 through 4.9, 5.2 through 5.2.14.
State statutes State Government Federal zone See sections 4.6 through 4.9, 5.2 through 5.2.14.
State regulations State Government Federal zone See sections 4.6 through 4.9, 5.2 through 5.2.14.

So what the above table clearly shows is that the word “United States”, in most cases, means only the federal zone.  This is a direct consequence of the fact that:

1. The federal government has no police powers inside the states.  See Great IRS Hoax section 4.9.

2. The states of the union are “foreign states” with respect to the federal government for the purpose of private or special law, which includes nearly all Acts of Congress and nearly all federal statutes and regulations.  See Great IRS Hoax sections 5.2.2-5.2.3, 5.2.7, and 5.2.13.

3. The separation between federal and state jurisdiction is a result of the “separation of powers doctrine”, which divides power between the state and federal government in order to protect individual liberties from tyranny.  See Great IRS Hoax section 6.1.