WHY YOU AREN'T SUBJECT TO THE DRAFT OR SELECTIVE SERVICE PROGRAM |
Under the Selective Service program, the requirement for able-bodied
men and women to register for the draft in the United States is predicated
on one's citizenship status. You must be a "U.S. citizen" in order
to be drafted. As we repeatedly point out, nearly all the people
born in the 50 states are technically not "U.S. citizens", but have
been fooled into believing they are by a lying government. If
you want some authorities on why you aren't a "U.S. citizen", the best
place to look is:
We won't repeat ourselves on that subject here. Below are some
legal authorities that prove you must first be a "U.S.
citizen" before you are subject to selective service.
- Pursuant to the Military Selective Service Act of June 24, 1948,
Ch 625, 62 Stat. 604, one must be a "citizen of the United States"
under
32
CFR § 1602.3(b)(1) to be subject to the Selective Service act.
- The
Military Selective Service Act of June 24, 1948, Ch 625, 62 Stat.
604, is within
Title 50 of the
United States Code (see 50 U.S.C. §460), which is not positive
law. See
legislative notes under 1 U.S.C. §204. Consequently, the
Selective Service Act applies only to "U.S.
citizens" of Washington DC and its territories, and even then,
whatever section of Title 50 that the government wants to assert
must be demonstrated to be positive law, because the Title is not
positive law. Only positive law can impose a legal duty on
anyone. See the following article for details:
http://sedm.org/Forms/05-MemLaw/Consent.pdf
(OFFSITE LINK)
- The only applicable section of
Presidential Proclamation No. 4771 which might apply seems to
be "1-101. Male
citizens
of the United States and other males residing in the United
States, unless exempted by the Military Selective Service Act, as
amended, who were born on or after January 1, 1960, and who have
attained their eighteenth birthday, shall present themselves for
registration in the manner and at the time and places as hereinafter
provided." The nexus would seem to be "residing in the United States".
Americans who are born within and reside within a status of the
Union do not live in the "United States" as defined under most federal
laws, nor do they live within any federal enclave within the boundaries
of the sovereign states where federal legislative jurisdiction exists,
as described in
U.S. Const 1:8:17, 4:3:2, and
Hooven & Allison v. Evatt [2]. Consequently, they are not the
proper subject of nearly all acts of Congress, and certainly not
to even a positive law that only has jurisdiction within the "federal
zone".
- Below is what the founding fathers said about the legislative
intent of the
Constitution
as far as the draft is concerned, from
Federalist
Paper #15:
"The existing Confederation’s great and fundamental defect
is the principle of LEGISLATION for STATES in their COLLECTIVE
CAPACITIES rather than for the INDIVIDUALS living in the States.
Although this principle does not apply to all the powers delegated
to the Union, it pervades those on which the effectiveness of
the rest depends.
Except for the rule
of apportionment, the United States has indefinite discretion
to requisition men and money. But it has no authority to raise
either directly from individual citizens of America."
(Emph added).
[Federalist
Paper #15, 15 FP § 6: ]
The implication of the above is that the federal government MUST
apportion its requisition of men according to the population of
each state, and must go through the state governments to obtain
the men. They MAY NOT directly draft anyone. The draft
notice has to come from the state government, and not the federal
government.
-
Below is how the term "United States" is defined in section 466
of the Military Selective Service Act, section 466(b):
Military
Selective Service Act
Section 466: Definitions
(b) The term ''United States'', when used in a geographical
sense, shall be deemed to
mean the several
States, the District of Columbia, Puerto Rico, the
Virgin Islands,
and Guam.
-
Conspicuously absent from the definition of "United States" above
is a supporting definition for "State". If you search the
entire Title 50, you will not find a definition, and the reason
is because they don't want you to know that below is what it REALLY
means, and most people don't live in one of these:
4 U.S.C. §110
(d)
The term “State” includes any Territory
or possession of the United States.
-
The Supreme Court confirmed that the federal government has NO
legislative jurisdiction internal to states of the Union, and Title
50 of the U.S. Code, the Selective Service System, qualifies as
"legislation" under the ruling below.
"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.
The question in respect of the inherent power of that government
as to the external affairs of the Nation and in the field of
international law is a wholly different matter which it is not
necessary now to consider. See, however, Jones v. United States,
137 U.S. 202, 212 , 11 S.Ct. 80; Nishimur Ekiu v. United
States,
142 U.S. 651, 659 , 12 S.Ct. 336; Fong Yue Ting v. United
States,
149 U.S. 698 , 705 et seq., 13 S.Ct. 1016; Burnet v. Brooks,
288 U.S. 378, 396 , 53 S.Ct. 457, 86 A.L.R. 747. "
[Carter
v. Carter Coal Co.,
298 U.S. 238 (1936)]
-
On the subject of the draft, the U.S. Supreme
Court has said the following. Note that the U.S. Supreme Court
does NOT account for the above facts in its ruling, and therefore
it is attempting to usurp jurisdiction where none exists.
In point of fact, there is a way to assemble an army, and that method
is through apportionment AFTER war has been officially declared
by Congress and NOT the President:
"As the mind
cannot conceive an army without the men to compose it, on the face
of the Constitution the objection that it does not give power to
provide for such men would seem to be too frivolous for further
notice. It is said, however, that since under the Constitution as
originally framed state citizenship was primary and United States
citizenship but derivative and dependent thereon, therefore the
power conferred upon Congress to raise armies was only coterminous
with United States citizenship and could not be exerted so as to
cause that citizenship to lose its dependent character and dominate
state citizenship. But the proposition simply denies to Congress
the power to raise armies which the Constitution gives. That power
by the very terms of the Constitution, being delegated, is supreme.
Article 6. In truth the contention simply assails the wisdom of
the framers of the Constitution in conferring authority on Congress
and in not retaining it as it was under the Confederation in the
several states."
[Arver
vs United States, 245 U.S. 366 (1918)]
In fact, the only area over which Congress
can have legislative jurisdiction is in areas where it has general/exclusive
legislative jurisdiction, which is limited to the District of Columbia
and the territories and possessions of the United States under Article
1, Section 8, Clause 17 of the Constitution. These areas, in fact,
are what the "State"
term refers to above in
4 U.S.C. §110(d) above.
With all the above facts fresh in our mind,
its reasonable to ask:
"So if the
Constitution doesn't authorize a direct draft by the Federal Government
of people born in and living within states of the Union, then how
the heck can states of the Union tacitly consent by their silence
and acquiescence to the enlargement of the powers of Congress beyond
the clear limits of the Constitution? Is it legal for them
to do that? How can they basically allow their citizens to
be kidnapped by the federal mafia, be required to register, and
be required to provide a Slave Surveillance Number on a Driver's
License application that is also used to register them to be drafted?"
The Supreme Court has already conclusively
answered that question very definitively in the negative as follows:
“State officials thus cannot consent to the enlargement of
the powers of Congress beyond those enumerated in the Constitution.”
[New York v. United States,
505 U.S. 142; 112 S.Ct. 2408; 120 L.Ed.2d 120 (1992)]
In fact, the legal obligation of the states of the Union under the
federal constitution is to Protect you from being drafted by the federal
government directly, which is an invasion of your rights, and instead
to apportion the requisition for men and handle the draft themselves.
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