TAX DEPOSITION QUESTIONS: 14. CITIZENSHIP

14.  CITIZENSHIP

Introduction

"U.S. citizen" or "citizen of the United States" status is the vehicle within federal statutes and "acts of Congress" that the federal government uses to illegally and wrongfully assert jurisdiction over sovereign Americans who were either born or are living in states of the Union.  However, as this line of questioning will show, most Americans are not "U.S. citizens" or "citizens of the United States" within federal statutes, because of differences in meaning of the term "United States" and "State" between federal statutes and the U.S. Constitution.  Most Americans born in states of the Union are instead defined in federal statutes as "nationals" or "nationals but not citizens", and this includes those who obtained their citizenship either by birth or naturalization.  As "nationals", they are "nonresident aliens" for the purposes of the Internal Revenue Code and for these persons, only income from the federal United States counts as income from "sources within the United States" subject to tax.

Findings and Conclusions

With the following series of questions, we intend to prove the following facts:

  • The federal government has no "police powers" inside states of the Union.  Police powers encompass nearly all legislative jurisdiction and "acts of Congress"
  • Taxation is a "police power" because it affects the health, welfare, and morals of the people who pay it
  • Because the federal government has no "police powers" inside states of the Union, then the term "United States" and "State" in all federal statutes can only mean the federal "United States" and federal "States" respectively.
  • Title 8, Aliens and Nationality, is an "act of Congress", and therefore the term "United States" as used in that Title means only the federal "United States" or "federal zone"
  • Income taxes are "imposed" in Section 1 of the Internal Revenue Code upon "individuals" with income from sources within the federal United States
  • Most Americans are born outside of the federal "United States" and outside of the territorial jurisdiction of the United States government, which means they do not qualify as either "U.S. citizens" or "citizens of the United States" under federal statutes.
  • Most Americans are actually "nationals" rather than "U.S. citizens" under federal statutes and "acts of Congress", which makes them "nonresident aliens" for the purposes of federal income taxes under Subtitle A of the Internal Revenue Code.
  • The 14th Amendment, which defined the concept of "citizens of the United States", was illegally ratified and therefore null and void
  • Government literature and government forms in most cases attempt to create a false and fraudulent presumption in favor of making most Americans into "U.S. citizens" by default, even though legally they cannot be classified as such
  • Those persons who file 1040 federal tax forms are "U.S. persons" and "U.S. individuals", but not necessarily "U.S. citizens" under federal statutes
  • The 1040 form only applies to "resident aliens" and not "U.S. citizens"
  • Because most Americans are actually "nationals", the correct filing status is "nonresident alien" and the correct form to file is the 1040NR.
  • For those persons who still think they are "U.S. citizens", the law provides a painless way to voluntarily and legally become "nationals" and "nonresident aliens" that the federal government cannot disallow.

Bottom Line: Very few Americans are either "U.S. citizens" as legally defined, and even fewer are subject to the Internal Revenue Code.  Most people fit the description of being "nonresident aliens" with income from without the federal United States as defined in 26 U.S.C. 862 and the implementing regulations.

Section Summary

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14.1. Admit that the Supreme Court in Dred Scott v. Sanford, 60 U.S. 393 in 1856, ruled that negroes were unable to become "citizens of the United States".

14.2. Admit that the Civil War was fought mainly over citizenship and rights of negroes in the southern states. (common knowledge)

14.3. Admit that prior to the ratification of the 14th Amendment, there was no way for a person to become a "citizen of the United States" except by first becoming a citizen of the state they were born in.

14.4.  Admit that prior to the ratification of the 14th Amendment, in 1868, Congress passed PDF Revised Statutes 1999, establishing that the right of expatriation is absolute and fundamental to the protection of liberty.

14.5.  Admit that the 14th Amendment was alleged by the Secretary of State of the United States to have been ratified in 1868, immediately after the Civil War in the United States.

14.6.  Admit that a large number of the states which are alleged to have ratified the 14th Amendment were occupied by armed troops and had puppet legislatures that replaced the original legislatures and were put into place by the U.S. Congress.

14.7.  Admit that the Supreme Court of the state of Utah, in Dyett v. Turner, ruled that the 14th Amendment was fraudulently ratified at gunpoint by a large number of states.

"I cannot believe that any court in full possession of all its faculties, would ever rule that the (14th) Amendment was properly approved and adopted." State v. Phillips, 540 P.2d. 936; Dyett v. Turner, 439 P.2d. 266. [The court in this case was the Utah Supreme Court.]

14.8.  Admit that one purpose of the 14th Amendment was to give the status of "citizen of the United States" to free negroes in the southern states who otherwise were unable to become citizens of their states.

"...the "undeniable purpose" of the Fourteenth Amendment was to make the recently conferred "citizenship of Negroes permanent and secure," and "to put citizenship beyond the power of any governmental unit to destroy," 387 U.S. at 263. Perez v. Brownell, 356 U.S. 44 (1958), a five-to-four holding within the decade and precisely to the opposite effect, was overruled."

[...]

"3. Apart from the passing reference to the "natural born Citizen" in the Constitution's Art. II, 1, cl. 5, we have, in the Civil Rights Act of April 9, 1866, 14 Stat. 27, the first statutory recognition and concomitant formal definition of the citizenship status of the native born:"

"A]ll persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States. . . ."

"This, of course, found immediate expression in the Fourteenth Amendment, adopted in 1868, with expansion to "[a]ll persons born or naturalized in the United States. . . ." As has been noted above, the amendment's "undeniable purpose" was "to make citizenship of Negroes permanent and secure," and not subject to change by mere statute. Afroyim v. Rusk, 387 U.S. at 263. See H. Flack, Adoption of the Fourteenth Amendment 88-94 (1908)."

14.9.  Admit that the 14th Amendment is the authority by which at least one type of "citizen of the United States" is legally defined in the country called the United States.

14.10.  Admit that Section 1 of the 14th Amendment states the following:

"Section. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

14.11.  Admit that the Supreme Court in the case of Downes v. Bidwell, 182 U.S. 244 (1901) distinguished the term "subject to their jurisdiction" found in the Thirteenth Amendment as being different from the term "subject to the jurisdiction" found in the Fourteenth Amendment by saying:

“The 13th Amendment to the Constitution, prohibiting slavery and involuntary servitude 'within the United States, or in any place subject to their jurisdiction,' is also significant as showing that there may be places within the jurisdiction of the United States that are no part of the Union. To say that the phraseology of this amendment was due to the fact that it was intended to prohibit slavery in the seceded states, under a possible interpretation that those states were no longer a part of the Union, is to confess the very point in issue, since it involves an admission that, if these states were not a part of the Union, they were still subject to the jurisdiction of the United States.

Upon the other hand, the 14th Amendment, upon the subject of citizenship, declares only that '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.' Here there is a limitation to persons born or naturalized in the United States, which is not extended to persons born in any place 'subject to their jurisdiction.

14.12.  Admit that the U.S. Supreme Court in the case of Hooven and Allison v. Evatt, in 1945 ruled that there are three definitions of the term "United States":

"The term [United States] has several meanings. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations, it may designate territory over which the sovereignty of the United States extends, or it may be the collective name of the States which are united by and under the Constitution."
[Hooven & Allison Co. v. Evatt, 324 U. S. 652 (1945)]

14.13.  Admit that because there are three distinct and different definitions of "United States", that there could conceivably be more than one type of "citizen of the United States" within federal statutes or "acts of Congress". (common sense)

14.14.  Admit that Constitution does not define which of the three definitions of "United States" applies in the case of the Fourteenth Amendment.

14.15.  Admit that the Fourteenth Amendment only defines one of possibly several types of "citizens of the United States".

14.16.  Admit that the United States Department Foreign Affairs Manual, 7 F.A.M. 1116-1 (d) states that there was no statutory definition of the term "United States" in the context of citizenship and nationality prior to January 13 1941.

d. Prior to January 13, 1941, there was no statutory definition of "the United States" for citizenship purposes. Thus there were varying interpretations. Guidance should be sought from the Department (CA/OCS) when such issues arise.

14.17.  Admit that the U.S. Supreme Court said in the case of U.S. v. Wong Kim Ark, 169 U.S. 649:

It is impossible to construe the words 'subject to the jurisdiction thereof,' in the opening sentence [of the Fourteenth Amendment], as less comprehensive than the words 'within its jurisdiction,' in the concluding sentence of the same section; or to hold that persons 'within the jurisdiction' of one of the states of the Union are not 'subject to the jurisdiction of the United States.’” 
[U.S. v. Wong Kim Ark, 169 U.S. 649 (1898)]

14.18.  Admit that under the the doctrine of Conflict of Laws, no state or nation can exercise penal jurisdiction over persons or property outside of its territorial jurisdiction except by treaty:

"By the law of England and of the United States the penal laws of a country do not reach beyond its own territory [127 U.S. 265, 290]   except when extended by express treaty or statute to offenses committed abroad by its own citizens; and they must be administered in its own courts only, and cannot be enforced by the courts of another country. Wheat. Int. Law, (8th Ed.) 113, 121. Chief Justice MARSHALL stated the rule in the most condensed form, as an incontrovertible maxim, 'the courts of no country execute the penal laws of another.' The Antelope, 10 Wheat. 66, 123. The only cases in which the courts of the United States have entertained suits by a foreign state have been to enforce demands of a strictly civil nature. [...] The rule that the courts of no country execute the penal laws of another applies, not only to prosecutions and sentences for crimes and misdemeanors, but to all suits in favor of the state for the recovery of pecuniary penalties for any violation of statutes for the protection of its revenue, or other municipal laws, and to all judgments for such penalties. If this were not so, all that would be necessary to give ubiquitous effect to a penal law would be to put the claim for a penalty into the shape of a judgment. Whart. Confl. Law, 833; [127 U.S. 265, 291]   West. Pr. Int. Law, (1st Ed.) 388; Pig. Judgm. 209, 210. Lord Kames, in his Principles of Equity, cited and approved by Mr. Justice Story in his Commentaries on the Conflict of Laws, after having said: 'The proper place for punishment is where the crime is committed, and no society takes concern in any crime but what is hurtful to itself,' and recognizing the duty to enforce foreign judgments or decrees for civil debts or damages, adds. 'But this includes not a decree decerning for a penalty, because no court reckons itself bound to punish, or to concur in punishing, any delict committed extra territorium.' 2 Kames, Eq. (3d Ed.) 326, 366; Story, Confl. Law, 600, 622." 
[State of Wisconsin v. Pelican Insurance Co., 127 U.S. 265 (1888)]

14.19.  Admit that 40 U.S.C. 255 denies federal civil and criminal jurisdiction of all "acts of Congress" and federal statutes within a state except by express consent of the state legislature over the area in question.

14.20.  Admit that the federal jurisdiction described in 40 U.S.C. 255 includes jurisdiction to determine the citizenship status of persons born within the state in question.  (common sense)

14.21.  Admit that Black's law dictionary, Sixth Edition, page 1473 defines the term "territories" as follows:

"Territory: A part of a country separated from the rest, and subject to a particular jurisdiction. Geographical area under the jurisdiction of another country or sovereign power.

A portion of the United States not within the limits of any state, which has not yet been admitted as a state of the Union, but is organized with a separate legislature, and with executive and judicial powers appointed by the President."

14.22.  Admit that the 50 union states of the country called the United States are not territories of the federal government of the United States, but instead are sovereign nations under the Law of Nations, except in respect to those matters specifically delegated to the federal government.

"The States between each other are sovereign and independent.  They are distinct and separate sovereignties, except so far as they have parted with some of the attributes of sovereignty by the Constitution.  They continue to be nations, with all their rights, and under all their national obligations, and with all the rights of nations in every particular; except in the surrender by each to the common purposes and objects of the Union, under the Constitution.  The rights of each state, when not so yielded up, remain absolute. Congress have never provided for the proof of the laws of the states when they are brought forward in the Courts of the United States, or in the Courts of the states; and they are proved as foreign laws are proved." 
[Bank of Augusta v. Earle, 38 U.S. (13 Pet.) 519; 10 L.Ed. 274 (1839)]

14.23.  Admit that the U.S. Supreme Court said in the case of Elk v. Wilkins, 112 U.S. 94:

"The persons declared [by the Fourteenth Amendment, Section 1] to be citizens are ALL PERSONS BORN OR NATURALIZED IN THE UNITED STATES AND SUBJECT TO THE JURISDICTION THEREOF. The evident meaning of these last words is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their  political jurisdiction."  
[ Elk v. Wilkins, 112 U.S. 94 (1884)
]

14.24.  Admit that "political jurisdiction" as used above is not the same as "legislative jurisdiction", and that "political jurisdiction" can exist where "legislative jurisdiction" does not.

14.25.  Admit that the legal encyclopedia American Jurisprudence, in section 3A Am Jur 2d 2689 defines "U.S. citizens" under federal statutes as follows:

3C Am.Jur.2d., Aliens and Citizens, 2689, Who is born in United States and subject to United States jurisdiction "A person is born subject to the jurisdiction of the United States, for purposes of acquiring citizenship at birth, if his or her birth occurs in territory over which the United States is sovereign, even though another country provides all governmental services within the territory, and the territory is subsequently ceded to the other country."

14.26.  Admit that Article 1, Section 8, Clause 4 of the U.S. Constitution gives Congress the right to establish "an uniform Rule of Naturalization":

Article 1, Section 8, Clause 4

"Congress shall have the power...To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;"

14.27.  Admit that nowhere in the Constitution is conferred upon Congress the authority to determine the citizenship status derived from birth in a state of the Union, and that by implication, this matter is to be decided by the states individually under their own laws under the authority of the Ninth and Tenth Amendments to the U.S. Constitution.

14.28.  Admit that the rules of comity prescribe whether the federal government must recognize in Title 8 of the U.S. Code the citizenship status of persons born in states of the Union to parents who were born or naturalized in a state of the Union.

14.29.  Admit that the federal government of the United States has no police powers within states of the Union:

"By the tenth amendment, 'the powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states, respectively, or to the people.' Among the powers thus reserved to the several states is what is commonly called the 'police power,'-that inherent and necessary power, essential to the very existence of civil society, and the safeguard of the inhabitants of the state against disorder, disease, poverty, and crime. 'The police power belonging to the states in virtue of their general sovereignty,' said Mr. Justice STORY, delivering the judgment of this court, 'extends over all subjects within the territorial limits of the states, and has never been conceded to the United States.' Prigg v. Pennsylvania, 16 Pet. 539, 625. This is well illustrated by the recent adjudications that a statute prohibiting the sale of illuminating oils below a certain fire test is beyond the constitutional power of congress to enact, except so far as it has effect within the United States (as, for instance, in the District of Columbia) and without the limits of any state; but that it is within the constitutional power of a state to pass such a statute, even as to oils manufactured under letters patent from the United States. U. S. v. Dewitt, 9 Wall. 41; Patterson v. Kentucky, 97 U.S. 501 . [135 U.S. 100, 128]   The police power includes all measures for the protection of the life, the health, the property, and the welfare of the inhabitants, and for the promotion of good order and the public morals. It covers the suppression of nuisances, whether injurious to the public health, like unwholesome trades, or to the public morals, like gambling-houses and lottery tickets. Slaughter-House Cases, 16 Wall. 36, 62, 87; Fertilizing Co. v. Hyde Park, 97 U.S. 659 ; Phalen v. Virginia, 8 How. 163, 168; Stone v. Mississippi, 101 U.S. 814 . This power, being essential to the maintenance of the authority of local government, and to the safety and welfare of the people, is inalienable. As was said by Chief Justice WAITE, referring to earlier decisions to the same effect: 'No legislature can bargain away the public health or the public morals. The people themselves cannot do it, much less their servants. The supervision of both these subjects of governmental power is continuing in its nature, and they are to be dealt with as the special exigencies of the moment may require. Government is organized with a view to their preservation, and cannot divest itself of the power to provide for them. For this purpose the largest legislative discretion is allowed, and the discretion cannot be parted with any more than the power itself.' Stone v. Mississippi, 101 U.S. 814 , 819. See, also, Butchers' Union, etc., Co. v. Crescent City, etc., Co., 111 U.S. 746, 753 , 4 S. Sup. Ct. Rep. 652; New Orleans Gas Co. v Louisiana Light Co., 115 U.S. 650, 672 , 6 S. Sup. Ct. Rep. 252; New Orleans v. Houston, 119 U.S. 265, 275 , 7 S. Sup. Ct. Rep. 198.

[...]

All rights are held subject to the police power of the state. Whatever differences of opinion may exist as to the extent and boundaries of the police power, and however difficult it may be to render a satisfactory definition of it, there seems to be no doubt that it does extend to the protection of the lives, health, and property of the citizens, and to the preservation of good order and the public morals. The legislature cannot, by any contract, divest itself of the power to provide for these objects. They belong emphatically to that class of objects which demand the application of the maxim, salus populi suprema lex; and they are to be attained and provided for by such appropriate means as the legislative discretion may devise. That discretion can no more be bargained away than the power itself. " 
[Leisy v. Hardin, 135 U.S. 100 (1890)]

14.30.  Admit that federal taxation is a "police power", because it substantially affects the safety, health, welfare, and morals of the people who pay it.

14.31  Admit that the police power of the federal government extends exclusively over the "federal zone", which includes federal territories and possessions, the District of Columbia, and enclaves within states of the Union by default, unless a clear intent is expressed to the contrary.

“While states are not sovereign in true sense of term but only quasi sovereign, yet in respect of all powers reserved to them they are supreme and independent of federal government as that government within its sphere is independent of the states.”

"It is no longer open to question that the general government, unlike the states, Hammer v. Dagenhart, 247 U.S. 251, 275 , 38 S.Ct. 529, 3 A.L.R. 649, Ann.Cas.1918E 724, possesses no inherent power in respect of the internal affairs of the states; and emphatically not with regard to legislation.
[Carter v. Carter Coal Co., 298 U.S. 238, 56 S.Ct. 855 (1936)]

"If Congress is authorized to act in a field, it should manifest its intention clearly. It will not be presumed that a federal statute was intended to supersede the exercise of the power of the state unless there is a clear manifestation of intention to do so. The exercise of federal supremacy is not lightly to be presumed."
[ Schwartz v. Texas, 344 U.S. 199, 202-203 (1952)]

14.32.  Admit that because the federal government has no "police power" inside states under the Constitution, then the terms "United States" and "State" within federal statutes, including Title 8 of the U.S. Code and the Internal Revenue Code, must necessarily imply and refer exclusively to the "federal zone" by default, but not necessarily in every case.

14.33.  Admit that in the event that laws cannot be interpreted by common men of ordinary intelligence, then the Supreme Court has said that such laws violate due process of law and are therefore "void for vagueness":

"A statute which either forbids or requires the doing of an act in terms so vague that men and women of common intelligence must necessarily guess at its meaning and differ as to its application, violates the first essential of due process of law." Connally v General Const. Co., 269 U.S. 385 (1926).

14.34.  Admit that the term "national" is statutorily defined as follows, from 8 U.S.C. 1101:

8 U.S.C. 1101(a)(21)

(a) (21) The term ''national'' means a person owing permanent allegiance to a state.

14.35.  Admit that a "national but not citizen of the United States at birth" is defined in 8 U.S.C. 1408 as follows:

8 U.S.C. Sec. 1408. - Nationals but not citizens of the United States at birth

Unless otherwise provided in section 1401 of this title, the following shall be nationals, but not citizens, of the United States at birth:

...

(2)  A person born outside the United States and its outlying possessions of parents both of whom are nationals, but not citizens, of the United States, and have had a residence in the United States, or one of its outlying possessions prior to the birth of such person;

(Note that the "United States" term as used in the above section refers to the federal United States, also called the "federal zone".)

14.36.  Admit that "national but not citizen of the United States" is defined in 8 U.S.C. 1101(a)(22) as follows:

(a) (22) The term ''national of the United States'' means

(A) a citizen of the United States, or

(B) a person who, though not a citizen of the United States, owes permanent [but not necessarily exclusive] allegiance to the United States.

14.37.  Admit that the term "naturalization" is statutorily defined in 8 U.S.C. 1101(a)(23) as follows:

8 U.S.C. 1101(a)(23) naturalization defined

"(a)(23) The term ''naturalization'' means the conferring of nationality [e.g. "national" and not "citizen",  which means "U.S. national"] of a state upon a person after birth, by any means whatsoever."

14.38.  Admit that even though 8 U.S.C. 1408 does not prescribe the citizenship status of persons born in a state of the Union to parents who were also born or naturalized in a state of the Union and who did not reside ever in the federal United States, it nevertheless still could be true that such persons are "nationals but not citizens of the United States" under that section.

14.39.  Admit that all persons defined as "citizens of the United States" under 8 U.S.C. 1401 are also "U.S. nationals":

8 U.S.C. Sec. 1401. - Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

...

14.40.  Admit that to be a "national of the United States" could also mean that one is not a "citizen of the United States" under federal statutes:

8 U.S.C. 1101(a)(22)

The term ''national of the United States'' means

(A) a citizen of the United States, or

(B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.

14.41.  Admit that federal income taxes are "imposed" upon "U.S. citizens" and "nonresident aliens" with U.S. source income in Section 1 of the Internal Revenue Code.

14.42.  Admit that the term "U.S. citizen" is nowhere defined in Title 26 of the U.S. Code.

14.43.  Admit that the only place in 26 C.F.R. where the term "citizen of the United States" is defined is in 26 C.F.R. 31.3121(e )-1, and that definition is as follows:

26 C.F.R. 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.

14.44.  Admit that a "nonresident alien" is defined in 26 U.S.C. 7701(b)(1)(B) as:

"An individual is a nonresident alien if such individual is  neither a citizen of the United States nor a resident of the  United States (within the meaning of subparagraph (A))."

14.45.  Admit that a "national" who lives outside of territories of the United States as previously defined is neither a "U.S. citizen" nor a resident of the territories of the United States.

14.46.  Admit that the "national" as described in the previous question is a "nonresident alien" as defined in 26 U.S.C. 7701(b)(1)(B).

14.47.  Admit that the act of either naturalizing or remaining a citizen or a national in United States is a voluntary act as ruled by the Supreme Court in United States v. Cruikshank as follows:

“The people of the United States resident within any State are subject to two governments: one State, and the other National; but there need be no conflict between the two. The powers which one possesses, the other does not. They are established for different purposes, and have separate jurisdictions. Together they make one whole, and furnish the people of the United States with a complete government, ample for the protection of all their rights at home and abroad. True, it may sometimes happen that a person is amenable to both jurisdictions for one and the same act. Thus, if a marshal of the United States is unlawfully resisted while executing the process of the courts within a State, and the resistance is accompanied by an assault on the officer, the sovereignty of the United States is violated by the resistance, and that of the State by the breach of peace, in the assault. So, too, if one passes counterfeited coin of the United States within a State, it may be an offence against the United States and the State: the United States, because it discredits the coin; and the State, because of the fraud upon him to whom it is passed. This does not, however, necessarily imply that the two governments possess powers in common, or bring them into conflict with each other. It is the natural consequence of a citizenship [92 U.S. 542, 551]  which owes allegiance to two sovereignties, and claims protection from both. The citizen cannot complain, because he has voluntarily submitted himself to such a form of government. He owes allegiance to the two departments, so to speak, and within their respective spheres must pay the penalties which each exacts for disobedience to its laws. In return, he can demand protection from each within its own jurisdiction.
[United States v. Cruikshank, 92 U.S. 542 (1875)  [emphasis added]
]

14.48.  Admit that Black's Law Dictionary, Sixth Edition, on page 1575, defines the term "voluntary" as follows:

voluntary.  Unconstrained by interference; unimpelled by another’s influence; spontaneous; acting of oneself.  Coker v. State, 199 Ga. 20, 33 S.E.2d. 171, 174.  Done by design or intention.  Proceeding from the free and unrestrained will of the person.  Produced in or by an act of choice.  Resulting from free choice, without compulsion or solicitation.  The word, especially in statutes, often implies knowledge of essential facts.  Without valuable consideration; gratuitous, as a voluntary conveyance.  Also, having a merely nominal consideration; as, a voluntary deed.”

14.49.  Admit that once a person becomes either a citizen or a national of the United States, the government cannot unilaterally remove either status without the voluntary consent and participation of the citizen or national.

In our country the people are sovereign and the Government cannot sever its relationship to the people by taking away their citizenship. Our Constitution governs us and we must never forget that our Constitution limits the Government to those powers specifically granted or those that are necessary and proper to carry out the specifically granted ones. The Constitution, of course, grants Congress no express power to strip people of their citizenship, whether in the exercise of the implied power to regulate foreign affairs or in the exercise of any specifically granted power.

[…]

“The entire legislative history of the 1868 Act makes it abundantly clear that there was a strong feeling in the Congress that the only way the citizenship it conferred could be lost was by the voluntary renunciation or abandonment by the citizen himself. And this was the unequivocal statement of the Court in the case of United States v. Wong Kim Ark, 169 U.S. 649 .” 
[ Afroyim v. Rusk, 387 U.S. 253, 87 S.Ct. 1660 (1967)
]

14.50.  Admit that because the term "United States", according to the U.S. Supreme Court in Hooven and Allison v. Evatt, 324 U.S. 652 (1945)., has three possible definitions, then the act of expatriation can include renouncing more than one type of citizenship.

14.51.  Admit that Title 8, Aliens and Nationality, prescribes procedures for expatriating nationality in 8 U.S.C. 1481.

14.52.  Admit that Title 8, Aliens and Nationality, does not prescribe or define procedures for renouncing ones status as a "citizen of the United States" under 8 U.S.C. 1401 without also renouncing one's nationality.

14.53.  Admit that even though there are no prescribed procedures for renouncing "citizen of the United States" status under 8 U.S.C. 1401 without renouncing "nationality", that does not mean that the act of doing so is not allowed or permitted by law.

14.54.  Admit that 8 U.S.C. 1452 provides a process whereby a person who is a "national" can obtain what it calls a "Certificate of U.S. non-citizen national status".

14.55.  Admit that the Immigration and Naturalization Service (INS) form N-400 is the proper form to be used in order to become "naturalized".

14.56.  Admit that the INS form N-400 does not use the term "U.S. national".

14.57.  Admit that even though the term "national" is not used on the N-400 form, if it were substituted everywhere that the term "U.S. citizen" is used, this would constitute adequate qualification to be naturalized as a "national" but not necessarily a "U.S. citizen".

14.58.  Admit that the INS N-400 form does not define which of the three definitions of "United States" is being used.

14.59.  Admit that because the meaning of "United States" on the form is not defined and because "U.S. citizen" is everywhere used and "national" is not used, then there is at least a presumption on the part of the applicant that they are applying to become a "U.S. citizen" rather than a "national".

14.60.  Admit that the term "naturalization" is statutorily defined as meaning the process of conferring "nationality" and not necessarily "citizen of the United States" status under 8 U.S.C. 1401, upon the applicant. (see question 14.36 earlier)

14.61.  Please describe in detail for me how a person who was naturalized to obtain "national status" also obtains "U.S. citizen" status even though there is not statute authorizing this.  If you think there is a law authorizing this, then please identify specifically what that law is.

14.62.  Admit that the Department of State form DS-11 is the form used for obtaining a U.S. passport.

14.63.  Admit that blocks 15 and 16 of the DS-11 form have a check box for "U.S. citizen" but do not provide an option for "national", even though this too is a valid status which qualifies for a passport.

14.64.  Admit that 26 U.S.C. 6039E appears to authorize a penalty of $500 for failure to provide a social security number on a passport applications.

14.65.  Admit that without an implementing regulation, 26 U.S.C. 6039E cannot be enforced by the Secretary of the Treasury or the IRS.

14.66.  Admit that there is no implementing regulation authorizing penalties against natural persons for failure to supply a Social Security Number on the DS-11 form.  If you believe otherwise, please identify the regulation.

14.67.  Admit that the reason there are no implementing regulations applying penalties against natural persons in the case of 26 U.S.C. 6039E is because the Constitution, Article 1, Section 9, Clause 3, forbids Bills of Attainder, which are penalties applied without a judicial trial.

14.68.  Admit that the First Amendment right of Free Speech includes the right to NOT communicate certain facts to the government without fear of penalty or reprisal.

14.69.  Admit that penalizing a person for not providing an SSN on a DS-11 form, if it were authorized by law, would violate the First Amendment to the U.S. Constitution by penalizing a person for refusing to communicate with their government.

14.70.  Admit that because there are no penalties for failure to provide a Social Security Number on the DS-11 form without implementing regulations, then the furnishing of the SSN on the application is completely voluntary.

14.71.  Admit that the DS-11 application warns of a possible penalty of $500 for failure to provide the SSN and cites 26 U.S.C. 6039E as its authority.

14.72.  Admit that any mention of 26 U.S.C. 6039E and any penalties on the form, because there are no implementing regulations, constitutes a constructive fraud to fool the applicant into thinking that the furnishing of the number is subject to penalties that don't really exist.

14.73.  Admit that the providing of an SSN on the DS-11 form could create a possibly false "presumption" on the part of the government that the applicant is a "U.S. citizen", when in fact he may be a "national" and not a "U.S. citizen".

26 C.F.R. 301.6109-1(g)

(g) Special rules for taxpayer identifying numbers issued to foreign persons--

(1) General rule--(i) Social security number. A social security number is generally identified in the records and database of the Internal Revenue Service as a number belonging to a U.S. citizen or resident alien individual. A person may establish a different status for the number by providing proof of foreign status with the Internal Revenue Service under such procedures as the Internal Revenue Service shall prescribe, including the use of a form as the Internal Revenue Service may specify. Upon accepting an individual as a nonresident alien individual, the Internal Revenue Service will assign this status to the individual's social security number.

14.74.  Admit that a "U.S. person" is defined as follows:

TITLE 26 > Subtitle F > CHAPTER 79 > Sec. 7701.
Sec. 7701. - Definitions

(a)(30) United States person

   The term ''United States person'' means -

     (A) a citizen or resident of the United States,

     (B) a domestic partnership,

     (C) a domestic corporation,

     (D) any estate (other than a foreign estate, within the meaning of paragraph (31)), and

     (E) any trust if -

        (i) a court within the United States is able to exercise primary supervision over the administration of the trust, and

        (ii) one or more United States persons have the authority to control all substantial decisions of the trust.

14.75.  Admit that form 1040 was intended to be filled out by only by "U.S. persons".

14.76.  Admit that the proper income tax form for a "U.S. national" to fill out if they are paying federal income taxes is the 1040NR form if they are living outside of the territory of the United States, keeping in mind that states of the Union are not territory of the United States.

14.77.  Admit that the term "United States" is defined in 8 U.S.C. 1101(a)(38) for the purposes of federal citizenship status under Title 8 of the United States Code:

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.

14.78.  Admit that the phrase in 8 U.S.C. 1101(a)(38) above which says "Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States" is a grouping of similar objects, which implies that they are all to be regarded as territories of the United States under the rule of statutory construction "Ejusdem generis" listed below:

"Ejusdem generis.  Of the same kind, class, or nature.  In the construction of laws, wills, and other instruments, the "ejusdem generis rule" is, that where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same general kind or class as those specifically mentioned.  U.S. v. LaBrecque, D.C. N.J., 419 F.Supp. 430, 432.  The rule, however, does not necessarily require that the general provision be limited in its scope to the identical things specifically named.  Nor does it apply when the context manifests a contrary intention.

Under "ejusdem generis" cannon of statutory construction, where general words follow the enumeration of particular classes of things, the general words will be construed as applying only to things of the same general class as those enumerated.  Campbell v. Board of Dental Examiners, 53 Cal.App.3d 283, 125 Cal.Rptr. 694, 696."
[Black's Law Dictionary, Sixth Edition, p. 517]

14.79.  Admit that the term "continental United States" is defined in 8 C.F.R. 215.1(f) as follows, for the purposes of Title 8 of the United States Code:

[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2002]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR215]

TITLE 8--ALIENS AND NATIONALITY CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE

PART 215--CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES

 

Section 215.1: Definitions

 

(f) The term continental United States means the District of Columbia and the several States, except Alaska and Hawaii.

14.80.  Admit that the term "State" is defined in 8 U.S.C. 1101(a)(36) for the purposes of federal citizenship status under Title 8 of the United States Code:

8 U.S.C. Sec. 1101(a)(36): State [Aliens and Nationality]

The term ''State'' includes the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the United States.

14.81.  Admit that the rule of statutory construction entitled "Expressio unius est exclusio alterius" prevents us from interpreting the word "includes" above in a way that adds or enlarges anything to the items enumerated in the definition of "States" above or adding anything but items of the same class as those listed to the definition.

Expressio unius est exclusio alterius.  A maxim of statutory interpretation meaning that the expression of one thing is the exclusion of another.  Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d 321, 325; Newblock v. Bowles, 170 Okl. 487, 40 P.2d. 1097, 1100.  Mention of one thing implies exclusion of another.  When certain persons or things are specified in a law, contract, or will, an intention to exclude all others from its operation may be inferred.  Under this maxim, if statute specifies one exception to a general rule or assumes to specify the effects of a certain provision, other exceptions or effects are excluded.”
[Black’s Law Dictionary, Sixth Edition, page 581]

14.82.  Admit that the result of substituting the definition for the term "State" from 8 U.S.C. 1101(a)(36) into the phrase "several States" found in the definition of the term "continental United States" in 8 C.F.R. 215.1(f) results in the following definition for "continental United States" applying to Title 8 of the United States Code.  NOTE:  Substituted information appears in red:

[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2002]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR215]

TITLE 8--ALIENS AND NATIONALITY CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE

PART 215--CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES

 

Section 215.1: Definitions

 

(f) The term continental United States means the District of Columbia and the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the United States, except Alaska and Hawaii.

14.83.  Admit that based on questions 77 through 82 above, a reasonable person would conclude that the term "United States" as used in Title 8 of the U.S. Code does not include states of the Union, because all of the "States" listed in the definition for "United States" are federal States and territories, and not states of the Union.

14.83.  Admit that the following definitions of terms listed in the table apply within the Constitution and Federal Law by default, based on the previous questions:

Table 1:  Summary of the meaning of various terms used in the Constitution and federal law

Law Federal constitution Federal statutes Federal regulations State constitutions State statutes State regulations
Author Union States/
”We The People”

Federal Government

“We The People”

State Government

“state” Foreign country
(See Note 1)
Union state or foreign country Union state or foreign country Other Union state or federal government Other Union state or federal government Other Union state or federal government
“State” Union state
(See Note 2)
Federal state
(See Note 3)
Federal state
(See Note 3)
Union state Union state Union state
“several States” Union states collectively[1] Federal “States” collectively Federal “States” collectively Federal “States” collectively Federal “States” collectively Federal “States” collectively
“United States” states of the Union collectively Federal United States** Federal United States** United States* the country Federal United States** Federal United States**

 NOTES:

1. See:

a.     Black’s Law Dictionary, Sixth Edition, p. 648:

"Foreign states.  Nations which are outside the United States.  Term may also refer to another state; i.e. a sister state.” [Black’s Law Dictionery, Sixth, p. 648]

b.   Corpus Juris Secundum (C.J.S.) 29, legal encyclopedia:

"Generally, the states of the Union sustain toward each other the relationship of independent sovereigns or independent foreign states, except in so far as the United States is paramount as the dominating government, and in so far as the states are bound to recognize the fraternity among sovereignties established by the federal Constitution, as by the provision requiring each state to give full faith and credit to the public acts, records, and judicial proceedings of the other states..."

2. The Constitution is a contract written by and between the States of the Union and their new servant, the Federal Government.  It conveys authority to the federal government over the property under its control and stewardship, which was only the District of Columbia at the time.  Since the States wrote it, the word “State” is capitalized because they are the sovereignes.  Federal statutes and “acts of Congress” is written by the Congress  under the authority of the Constitution.  Since the servant, in that case, is writing the law, then it becomes the sovereign over the prpoperty under its stewardship, which only includes federal “States” listed in Title 48 of the U.S. Code, to include territories and possessions of the United States only

3. See 4 U.S.C. 110(d), 8 U.S.C. 1101(a)(36), 26 U.S.C. 7701(a)(10) for examples.

14.84.  Admit that there are two distinct political jurisdictions within the United States the country:  1.  The States of the Union united under the Constitution; 2.  The territories and possessions of the United States and the District of Columbia.

14.85.  Admit that one’s citizenship determines which of the above two to political jurisdictions a person belongs to. (common knowledge)

“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.” 

To determine, then, who were citizens of the United States before the adoption of the amendment it is necessary to ascertain what persons originally associated themselves together to form the nation, and what were afterwards admitted to membership.

“Looking at the Constitution itself we find that it was ordained and established by 'the people of the United States,'3 and then going further back, we find that these were the people of the several States that had before dissolved the political bands which connected them with Great Britain, and assumed a separate and equal station among the powers of the earth,4 and that had by Articles of Confederation and Perpetual Union, in which they took the name of 'the United States of America,' entered into a firm league of [88 U.S. 162, 167]  friendship with each other for their common defence, the security of their liberties and their mutual and general welfare, binding themselves to assist each other against all force offered to or attack made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. 5  

Whoever, then, was one of the people of either of these States when the Constitution of the United States was adopted, became ipso facto a citizen-a member of the nation created by its adoption. He was one of the persons associating together to form the nation, and was, consequently, one of its original citizens. As to this there has never been a doubt. Disputes have arisen as to whether or not certain persons or certain classes of persons were part of the people at the time, but never as to their citizenship if they were.
[Minor v. Happersett, 88 U.S. 162 (1874)]

14.86.   Admit that persons born in territories of the United States or the District of Columbia are not citizens within the meaning of the Fourteenth Amendment, section 1.

“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 comprising the Union.  Those, therefore, who had been born and resident always in the District of Columbia or in the territories, though within the United States, were not citizens.” 
[Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 21 L.Ed. 394 (1873)]

14.87.  Admit that people born in the District of Columbia or the territories of the United States are “citizens of the United States” under 8 U.S.C. 1401.

14.88.  Admit that a “citizen of the United States” under 8 U.S.C. 1401 and a “citizen of the United States” under Section 1 of the Fourteenth Amendment are therefore not equivalent.

14.89.  Admit that the reason that a “citizen of the United States” under 8 U.S.C. 1401 and a “citizen of the United States” under the Fourteenth Amendment are not equivalent is because each of these two contexts presupposes a different definition of the term “United States” as defined by the Supreme Court.

"The term [United States] has several meanings. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations, it may designate territory over which the sovereignty of the United States extends, or it may be the collective name of the States which are united by and under the Constitution."  [Hooven & Allison Co. v. Evatt, 324 U. S. 652 (1945)]

14.90.  Admit that the two political jurisdictions within our country do not have governments that are identical in form.  Article 4, Section 4 of the Constitution, for instance, guarantees a “republican form of government” to the states of the Union, while no such Constitutional limitation exists for territories and possessions of the United States.

Constitution of the United States

Article 4, Section 4.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

14.91.  Admit that the government of the states of the Union is republican in form while the government of the territories and possessions is a legislative democracy which is not required by the Constitution to be “republican in form”.

14.92.  Admit that inhabitants of the federal zone are not protected by the Bill of Rights while those living in states of the Union are.

"The idea prevails with some -- indeed, it found expression in arguments at the bar -- that we have in this country substantially or practically two national governments; one, to be maintained under the Constitution, with all its restrictions; the other to be maintained by Congress XE "U.S. GOVERNMENT:Congress"  outside and independently of that instrument, by exercising such powers as other nations of the earth are accustomed to exercise."
[Downes v. Bidwell, 182 U.S. 244 (1901), supra.]

14.93.  Admit that the character and nature of the people in either political jurisdiction is fundamentally different because of the political and legal differences between them.

14.94.  Admit that the two political groups of people: 1.  Inhabitants of the States of the Union; 2.  Inhabitants of the federal zone… do not qualify as “peers” in the context of jury service under the Sixth Amendment.  Reason:  Those who enjoy Constitutionally protected rights and live under a Republic do not have the same attitude and values as those who live under a pure legislative democracy and have no such rights.

14.95.  Admit that if 8 U.S.C. 1401 includes persons born in states of the Union on land that is not ceded to the federal government, then there is no way to legally distinguish between people in each of the two political jurisdictions from a U.S. citizenship standpoint.

14.96.  Admit that without the ability to legally distinguish between people in each of the two political jurisdictions under federal law, there is no way to assemble a “jury of peers” as required by the Sixth Amendment to the Constitution of the United States.

14.97.  Admit that a “citizen” under federal law is a person born in a territory of the United States or the District of Columbia while a “citizen” under state law is a person born in a state of the Union and that these two types of “citizens” are not equivalent either politically or legally.

14.98.  Admit that if the average American was fully informed about the contents of this section of questions, they probably would cease to volunteer to pay federal income taxes.

14.99.  Admit that because of the vast implications of the preceding question, there is a vested interest on the part of the U.S. government to prevent the average American from learning the truths contained in this deposition.

[1] See, for instance, U.S. Constitution Article IV, Section 2.