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Department of State scams with "Certificates of non-citizen National Status" under 8 U.S.C. §1452 Tax Deposition Questions, Section 14: Citizenship Duties and Responsibilities of Citizens within a Free Republic You're not a "citizen" as defined in the Internal Revenue Code
U.S. v. Cruikshank, 92 U.S. 542, 23 L.Ed. 588
Baldwin v. Franks, 120 U.S. 678, 30 L.ed 766, 7 S.Ct. 656, 763
McDonel v. The State, 90 Ind. 320 (1883)
Colgate v. Harvey, 296 U.S. 404; 56 S.Ct. 252 (1935)
Gardina v. Board of Registrars of Jefferson County, 160 Ala. 155; 48 So. 788 (1909)
IMPORTANT!: Read Great IRS Hoax, Sections 4.11 through 4.11.11: Citizenship
19 C.J.S., Corporations §886 [Legal encyclopedia] "A corporation is a
citizen, resident,
or inhabitant of the state or country by or under the laws of which it was
created, and of that state or country only."
Butler v. Farnsworth, 4 Fed.Cas. 902 (1821) A citizen of one state
is to be considered as a citizen of every other state in the union. 26 CFR §31.3121(e)-1 State, United States, and citizen (b)…The term 'citizen of the United States' includes a citizen of the Commonwealth of Puerto Rico or the Virgin Islands, and, effective January 1, 1961, a citizen of Guam or American Samoa. 26 CFR §1.1-1(c): Income Tax on individuals (c) Who is a citizen. Every person born or naturalized in the [federal] United States and subject to its [exclusive federal jurisdiction under Article 1, Section 8, Clause 17 of the Constitution] jurisdiction is a citizen. For other rules governing the acquisition of citizenship, see chapters 1 and 2 of title III of the Immigration and Nationality Act (8 U.S.C. 1401-1459). For rules governing loss of citizenship, see sections 349 to 357, inclusive, of such Act (8 U.S.C. 1481-1489), Schneider v. Rusk, (1964) 377 U.S. 163, and Rev. Rul. 70-506, C.B. 1970-2, 1. For rules pertaining to persons who are nationals but not citizens at birth, e.g., a person born in American Samoa, see section 308 of such Act (8 U.S.C. 1408). For special rules applicable to certain expatriates who have lost citizenship with a principal purpose of avoiding certain taxes, see section 877. A foreigner who has filed his declaration of intention of becoming a citizen but who has not yet been admitted to citizenship by a final order of a naturalization court is an alien. [T.D. 6500, 25 FR 11402, Nov. 26, 1960, as amended by T.D. 7332, 39 FR 44216, Dec. 23, 1974] Black's Law Dictionary, Sixth Edition, p. 244: citizen. One who, under the Constitution and laws of the United States, or of a particular state, is a member of the political community, owing allegiance and being entitled to the enjoyment of full civil rights. 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. U.S. Const., 14th Amend. See Citizenship. "Citizens" are members of a political community who, in their associated capacity, have established or submitted themselves to the dominion of a government for the promotion of their general welfare and the protection of their individual as well as collective rights. Herriott v. City of Seattle, 81 Wash.2d 48, 500 P.2d 101, 109. The term may include or apply to children of alien parents from in United States, Von Schwerdtner v. Piper, D.C.Md., 23 F.2d 862, 863; U.S. v. Minoru Yasui, D.C.Or., 48 F.Supp. 40, 54; children of American citizens born outside United States, Haaland v. Attorney General of United States, D.C.Md., 42 F.Supp. 13, 22; Indians, United States v. Hester, C.C.A.Okl., 137 F.2d 145, 147; National Banks, Amierican Surety Co. v. Bank of California, C.C.A.Or., 133 F.2d 160, 162; nonresident who has qualified as administratrix of estate of deceased resident, Hunt v. Noll, C.C.A.Tenn., 112 F.2d 288, 289. However, neither the United States nor a state is a citizen for purposes of diversity jurisdiction. Jizemerjian v. Dept of Air Force, 457 F.Supp. 820. On the other hand, municipalities and other local governments are deemed to be citizens. Rieser v. District of Columbia, 563 F.2d 462. A corporation is not a citizen for purposes of privileges and immunities clause of the Fourteenth Amendment. D.D.B. Realty Corp. v. Merrill, 232 F.Supp. 629, 637. Under diversity statute [28
U.S.C. §1332], which mirrors U.S.
Const, Article III's diversity clause, a person is a "citizen of a
state" if he or she is a citizen of the United States and a
domiciliary of a state of the United States. Gibbons v. Udaras na
Gaeltachta, D.C.N.Y., 549 F.Supp. 1094, 1116. Minor v. Happersett, 88 U.S. 162 (1874): "There is no doubt that women may be citizens. They are persons, and by the fourteenth amendment 'all persons born or naturalized in the United States and subject to the jurisdiction thereof' are expressly declared to be 'citizens of the United States and of the State wherein they reside.' But, in our opinion, it did not need this amendment to give them that position. Before its adoption the Constitution of the United States did not in terms prescribe who should be citizens of the United States or of the several States, yet there were necessarily such citizens without such provision. There cannot be a nation without a people. The very idea of a political community, such as a nation is, implies an [88 U.S. 162, 166] association of persons for the promotion of their general welfare. Each one of the persons associated becomes a member of the nation formed by the association. He owes it allegiance and is entitled to its protection. Allegiance and protection are, in this connection, reciprocal obligations. The one is a compensation for the other; allegiance for protection and protection for allegiance. "For convenience it has
been found necessary to give a name to this membership. The object is to
designate by a title the person and the relation he bears to the nation.
For this purpose the words 'subject,' 'inhabitant,' and 'citizen' have been
used, and the choice between them is sometimes made to depend upon the form
of the government. Citizen is now more commonly employed, however,
and as it has been considered better suited to the description of one
living under a republican government, it was adopted by nearly all of the
States upon their separation from Great Britain, and was afterwards adopted
in the Articles of Confederation and in the Constitution of the United
States. When used in this sense it is understood as conveying the idea of
membership of a nation, and nothing more." State of Wisconsin v. Pelican Insurance Co., 127 U.S. 265 (1888) "...it is well settled
that a corporation created by a state is a citizen of the state, within
the meaning of those provisions of the constitution and statutes of the
United States which define the jurisdiction of the federal courts.
Railroad Co. v. Railroad Co., 112
U.S. 414 , 5 Sup. Ct. Rep. 208; Paul v. Virginia, 8 Wall. 168, 178;
Pennsylvania v. Bridge Co., 13 How. 518." Boyd v. State of Nebraska, 143 U.S 135 (1892): 'The words 'people of the
United States' and 'citizens,' are synonymous terms, and mean the same
thing. They both describe the political body who, according to our
republican institutions, form the sovereignty, and who hold the power and
conduct the government through their representatives. They are what we
familiarly call the 'sovereign people,' and every citizen is one of this
people, and a constituent member of this sovereignty. ..." Earley v. Hershey Transit Co., 55 F.Supp. 981, D.C.PA. (1944)
Black's Law Dictionary, 4th Ed., p 310
Black's Law Dictionary, 4th Ed., p 311
In its construction it is proper to apply the rule that criminal laws are to be construed strictly, and to bear in mind that other rule that a construction is to be avoided, if possible, that would render the law unconstitutional, or raise grave doubts thereabout. In view of these rules it is held that ‘citizen‘ means ‘citizen of the United States‘, and not person generally, nor citizen of a State; and that the ‘rights and privileges secured by the Constitution or laws of the United States‘ means those specially and validly secured thereby. Thus limited, this section has been enforced as constitutional. Ex parte Yarbrough, 110 U.S. 651,4 S.Ct. 152, 28 L.Ed. 274; United States v. Waddell, 112 U.S. 76, 5 S.Ct. 35, 28 L.Ed. 673;Logan v. United States, 144 U.S. 263, 12 S.Ct. 617,36 L.Ed. 429; United States v. Moseley, supra. In the Yarbrough case the right involved was that to vote in a Congressional election, as it was in the Moseley case; in the Waddell case it was the right to make a federal homestead entry; and in the Logan case it was the right to be secure from lawless violence while a prisoner in the hands of a United States Marshal. These matters, all within the federal power, Congress could protect under the general authority to pass ‘all necessary and proper laws‘, under U.S.C.A. Constitution, Art. 1, Sect. 8,Par. 18. But Section 5519 of the Revised Statutes, which undertook similarly to punish conspiracies against any person to deprive him of the equal protection of the laws, or *150 to prevent State authorities from affording such protection, was held unconstitutional, because neither the Fourteenth Amendment nor any other part of the Constitution put the matter of conspiracies by individuals touching such matters within the power of Congress, but only gave power to correct wrong action by the State or its officers. It was so held in United States v. Harris, 106 U.S. 629, 1 S.Ct. 601,27 L.Ed. 290, where the person mobbed was in the custody of a State Sheriff; and in Baldwin v. Franks, 120 U.S. 678, 7 S.Ct. 656, 763, 30 L.Ed.766, where the rights of a Chinese under a treaty of the United States were involved. It was again held that the power of Congress was not extended to protect against violations by individuals of the general rights of persons and citizens by the mention of such rights in the Fourteenth Amendment, U.S.C.A., in the Civil Rights Cases,109 U.S. 3, 3 S.Ct. 18, 27 L.Ed. 835. The reasoning of these cases, though opposed by some dissents, is full and convincing, and the conclusion reached as to the effect upon federal power of the Fourteenth Amendment has stood for more than two generations. Pursuing further the
application of the statute now before us, in Baldwin v. Franks, supra,
it was held the word ‘citizen‘ means citizen of the United States in a
political sense, and did not include a resident Chinese. Again
in Hodges v. United States, 203 U.S. 1, 27 S.Ct. 6, 51 L.Ed. 65, the
section was invoked against conspirators who were charged with
interfering with citizens in their right or liberty of contracting to
work in a lawful occupation, but the court held that this was a common
right of all persons, and the Fourteenth Amendment did not put it
under federal protection except against State action; and the fact that
the persons there involved were negroes did not bring the matter within
the special ambit of the Thirteenth Amendment. Similarly in
United States v. Wheeler, 254 U.S. 281, 41 S.Ct. 133, 65 L.Ed. 270,the
right invaded by the conspirators was the citizen's right to remain in
the State of his choice, and to remove only at his own will. The Court
conceded the right to be fundamental and to belong to the citizens of
each State, and to be guarded in part against State interference by Art.
4, Sect. 2 of the Constitution, but held that no federal offense was
involved in an abduction done by individual conspirators. |
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