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Why Statutory Civil Law is Law for Government and not Private Persons, Form #05.030 (OFFSITE LINK) -proves that Congress has no civil legislative authority over exclusively PRIVATE rights of PRIVATE human beings, and that it must create public offices (FRAUDULENTLY, in most cases) and use them as a straw man in order to REACH human beings who would otherwise be outside of its CIVIL legislative reach.- Proof that There is a "Straw Man", Form #05.042 (OFFSITE LINK)- proves that the only proper subject of acts of Congress is a public office that is created by your consent.
- Why You are a "national", "state national", and Constitutional but not Statutory Citizen-describes the distinctions between STATUTORY "citizens/persons", and CONSTITUTIONAL "citizens/Citizens/persons".
- Government Instituted Slavery Using Franchises, Form #05.030 (OFFSITE LINK) -how STATUTORY persons are legislatively created under the civil law
There appears to be general misunderstanding by people in general as to the difference in name spelling. This affidavit will explain that difference.
In basic English grammar, a name spelled in upper and lower case, such as John Joseph Smith, is indicative of a flesh and blood man, legally known as a natural person.
Person. In general usage, a human being (i.e. natural person), though by statute term may include labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
[Black's Law Dictionary, 6th Ed., p. 1142]
On the other hand, a name spelled in all caps, such as JOHN JOSEPH SMITH, is indicative of an artificial person.
Artificial persons. Persons created and devised by human laws for the purposes of society and government, as distinguished from natural persons. Corporations are examples of artificial persons.
[Black's Law Dictionary, 6th Ed., p. 113]
The "United States" is defined in 28 USC Sec. 3002(15)(A) as a "Federal corporation". It is also a municipal corporation.
Municipal. In narrower, more common, sense, it means pertaining to a local governmental unit, commonly, a city or town or other governmental unit. In its broader sense, it means pertaining to the public or governmental affairs of a state or nation or of a people.
[Black's Law Dictionary, 6th Ed., p. 1017]
So the federal corporation United States, that pertained to the public affairs of a people, would be a municipal corporation.
Municipal corporation. A legal institution formed by charter from sovereign (i.e. state) power erecting a populous community of prescribed area into a body politic and corporate with corporate name and continuous succession and for the purpose and with the authority of subordinate self-government and improvement and local administration of affairs of state. A body corporate consisting of the inhabitants of a designated area created by the legislature with or without the consent of such inhabitants for governmental purposes, possessing local legislative and administrative power, also power to exercise within such area so much of the administrative power of the state as may be delegated to it and possessing limited capacity to own and hold property and to act in purveyance of public conveniences.
Municipal corporation is a body politic and corporate, created to administer the internal concerns of the district embraced with its corporate limits, in matters peculiar to such place and not common to the state at large. Tribe v. Salt Lake City Corp., Utah, 540 P.2d 499, 502. A municipal corporation has a dual character, the one public and the other private, and exercises correspondingly twofold functions and duties-one class consisting of those acts performed by it in exercise of delegated sovereign powers for benefit of people generally, as arm of state, enforcing general laws made in pursuance of general policy of the state, and the other consisting of acts done in exercise of power of the municipal corporation for its own benefit, or for benefit of its citizens alone, or citizens of the municipal corporation and its immediate locality. Associated Enterprises, Inc. v. Toltec Watershed Imp. Dist., Wyo., 490 P.2d 1069, 1070.
See also Public corporations.
[Black's Law Dictionary, 6th Ed., p. 1017]
A municipal corporation is an artificial person, as shown above, and consists of the general inhabitants called citizens, and these artificial persons (statutory and not constitutional "citizens") are franchises created by the legislature, not by God. A corporation can be a citizen itself, and that corporation can have its own citizens.
Corporate citizenship. Corporate status in the state of incorporation, though a foreign corporation is not a citizen for purposes of the Privileges and Immunities Clause (U.S.Const., Art. IV, § 2). Bank of Augusta v. Earle, 38 U.S. (13 Pet.) 519, 10 L.Ed. 274.
[Black's Law Dictionary, 6th Ed., p. 339]
A municipal corporation in its broader sense, such as the "United States", consists of the inhabitants of a designated area (federal United States or federal zone). A corporation can through its legislative branch create artificial statutory "persons", who are termed citizens of the municipal corporation.
Can an artificial person create a flesh and blood man? Can the creator create a being superior to itself? Or can an artificial person only create (make) another artificial person?
When a municipal corporation creates a statutory "citizen" franchise through legislative act, that statutory citizen is then a corporate citizen. That corporate citizen's name is spelled in all capital letters, to indicate that it is an artificial person, as distinguished from a natural person whose name is spelled in upper and lower case letters. That corporate statutory citizen is NOT, in turn, a CONSTITUTIONAL citizen within the meaning of the fourteenth amendment because the Fourteenth Amendment ONLY addresses NATURAL persons and EXCLUDES artificial persons.
Constitution of the United States of America
14th Amendment. 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 and immunities of citizens of the United States; nor shall any States 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.
“Citizens of the United States within the meaning of this Amendment must be natural and not artificial persons; a corporate body is not a citizen of the United States."14 _______________________
14 Insurance Co. v. New Orleans, 13 Fed.Cas. 67 (C.C.D.La. 1870). Not being citizens of the United States, corporations accordingly have been declared unable "to claim the protection of that clause of the Fourteenth Amendment which secures the privileges and immunities of citizens of the United States against abridgment or impairment by the law of a State." Orient Ins. Co. v. Daggs, 172 U.S. 557, 561 (1869) . This conclusion was in harmony with the earlier holding in Paul v. Virginia, 75 U.S. (8 Wall.) 168 (1869), to the effect that corporations were not within the scope of the privileges and immunities clause of state citizenship set out in Article IV, Sec. 2. See also Selover, Bates & Co. v. Walsh, 226 U.S. 112, 126 (1912) ; Berea College v. Kentucky, 211 U.S. 45 (1908); Liberty Warehouse Co. v. Tobacco Growers, 276 U.S. 71, 89 (1928) ; Grosjean v. American Press Co., 297 U.S. 233, 244 (1936).
[Annotated Fourteenth Amendment, Congressional Research Service . SOURCE: http://www.law.cornell.edu/anncon/html/amdt14a_user.html#amdt14a_hd1]
A STATUTORY "citizen of the United States" under 8 U.S.C. §1401, 26 U.S.C. §3121(e), and 26 CFR §1.1-1(c ) is a corporate citizen franchisee, created by the corporation and acting as their agent for the purpose of collecting revenue. This statutory citizen has only privileges and immunities granted by Congress as its "parens patriae". A natural person, Constitutional "Citizen", or a Fourteenth Amendment "citizen of the United States", on the other hand, all have inalienable rights, secured by the Constitution and protected not by statutory grant, but by the Bill of Rights.
Brasswell v. United States, 487 U.S. 99 (1988) This doctrine - known as th e collective entity rule- has a lengthy and distinguished pedigree.
What is a "collective entity"? A collective entity is simply a public corporation or office within a public corporation. The status of STATUTORY "U.S. citizen" per 8 U.S.C. 1401 is an example of a legislatively created OFFICE, to which STATUTORY public rights and privileges attach.
Person. . . .Scope and delineation of term necessary for determining to whom Fourteenth Amendment of Constitution affords protections since this Amendment expressly applies to "person".
[Black's Law Dictionary, 6th Ed., p. 1142]
Let's review the definition of artificial person.
Artificial persons. Persons created and devised by human laws for the purposes of society and government, as distinguished from natural persons. Corporations are examples of artificial persons.
[Black's Law Dictionary, 6th Ed., p. 113]
The U.S. Code applies to STATUTORY "persons", and those "persons" in legal parlance are public offices and franchises within the national government, in distinction from "natural person". "Collective", (U.S. corporate) "naturalization occurs when designated groups" (inhabitants) "are made (created) as STATUTORY citizens through consenting to a franchise enacted by Congress". These artificial persons were "created and devised by human laws for the (revenue) purposes of society and government", and have their names spelled in all capital letters. These designated groups are "made" or created corporate STATUTORY citizens and are distinguished from natural persons or CONSTITUTIONAL "persons".
Let's now compare CONSTITUTIONAL "persons" with STATUTORY corporate "persons":
| # | Characteristic | CONSTITUTIONAL "person" | STATUTORY "person" |
| 1 | Name | Natural person | Corporate "person", "taxpayer" (under the Internal Revenue Code), "driver" (under vehicle code) |
| 2 | Created by | God | Legislative act of Congress |
| 3 | Rights attach to | Land they stand on | Status under an act of Congress |
| 4 | Mentioned in | Fourteenth Amendment, Section 1 | 8 U.S.C. §1401, 26 U.S.C. §3121(e), and 26 CFR 1.1-1(c ) |
| 5 | Spelling of name | Upper and lower case | Upper case under the UCC |
| 6 | Type of rights associated with status | PRIVATE rights | PUBLIC rights and franchises |
The above two types of entities are separate and distinct legal "persons". The following maxim of law recognizes these two entities as separate legal persons:
"Quando duo juro concurrunt in und person, aequum est ac si essent in diversis.
When two rights concur in one person [PUBLIC and PRIVATE], it is the same as if they were in two separate persons. 4 Co. 118."
[Bouvier's Maxims of Law, 1856;
SOURCE: http://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm]
For a thorough treatment of the distinctions between CONSTITUTIONAL "persons/citizens" v. STATUTORY "persons/citizens", see:
Why You are a "national", "state national", and Constitutional but not Statutory Citizen, Section 4
http://famguardian.org/Subjects/LawAndGovt/Citizenship/WhyANational.pdf
After the birth of John Joseph Smith, a new artificial person was ILLEGALLY created (JOHN JOSEPH SMITH) by applying for a public "benefit" such as a Social Security Number or Taxpayer Identification Number. This did not destroy the natural person, but simply created a second separate legal entity, a legal fiction, artificial person that is a public office in the U.S. government to which franchise rights attach. That "office" is called by various STATUTORY terms such as "taxpayer", "U.S. citizen", "U.S. person", etc. This legal fiction was created as an agent (statutory "U.S. citizen") of the corporate U.S. government to engage in commerce and collect revenue for the governments, federal, state, and local. In legal parlance, it is a STRAW MAN:
Straw man. A “front”; a third party who is put up in name only to take part in a transaction. Nominal party to a transaction; one who acts as an agent for another for the purpose of taking title to real property and executing whatever documents and instruments the principal may direct respecting the property. Person who purchases property, or to accomplish some purpose otherwise not allowed.
[Black’s Law Dictionary, Sixth Edition, p. 1421]
The nature of that public office and straw man is exhaustively described and proven in:
Proof that There Is a Straw Man, Form #05.042
DIRECT LINK: http://sedm.org/Forms/05-MemLaw/StrawMan.pdf
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
The exercise of the PRIVATE right to contract of the CONSTITUTIONAL natural person is what makes that CONSTITUTIONAL natural person into SURETY for the actions of the STATUTORY corporate person and public office associated with it. All public "benefits" are administered as voluntary franchises and contracts.
As a rule, franchises spring from contracts between the sovereign power and private citizens, made upon valuable considerations, for purposes of individual advantage as well as public benefit, [1] and thus a franchise partakes of a double nature and character. So far as it affects or concerns the public, it is publici juris and is subject to governmental control. The legislature may prescribe the manner of granting it, to whom it may be granted, the conditions and terms upon which it may be held, and the duty of the grantee to the public in exercising it, and may also provide for its forfeiture upon the failure of the grantee to perform that duty. But when granted, it becomes the property of the grantee, and is a private right, subject only to the governmental control growing out of its other nature as publici juris. [2]
[Am.Jur.2d, Franchises, §4: Generally]
[1] Georgia R. & Power Co. v. Atlanta, 154 Ga. 731, 115 S.E. 263; Lippencott v. Allander, 27 Iowa 460; State ex rel. Hutton v. Baton Rouge, 217 La. 857, 47 So.2d. 665 ; Tower v. Tower & S. Street R. Co. 68 Minn 500, 71 N.W. 691.
[2] Georgia R. & Power Co. v. Atlanta, 154 Ga. 731, 115 S.E. 263; Lippencott v. Allander, 27 Iowa 460; Tower v. Tower & S. Street R. Co. 68 Minn 500, 71 N.W. 691.
When one applies for a public "benefit", that act of contracting creates a de facto public office in the U.S. government called "taxpayer", which office they then become surety for. The 1040 Income Tax return then becomes the profit and loss statement for the public office. Everything recorded on the form pertains to that public office, because everything is subject to "trade or business" deducations and 26 U.S.C. §7701(a)(26) defines a "trade or business" as "the functions of a public office". Social Security Numbers and Taxpayer Identifcation Numbers serve as de facto license numbers that are used to donate property to the office to procure the "benefits" or credits under the franchise. An act of associating the license number with formerly private property serves as the vehicle by which private property is effectively donated to a public use in order to procure the "benefits" of the franshise associated with the license number. These critical facts are exhaustively analyzed and proven in:
Government Instituted Slavery Using Franchises, Form #05.030
DIRECT LINK: http://sedm.org/Forms/05-MemLaw/Franchises.pdf
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
The theme of the collective entity rule states:
"But individuals, when acting as representatives of a collective group, cannot be said to be exercising their personal rights and duties, nor be entitled to their purely personal privileges. Rather they assume the rights, duties and privileges of the artificial entity [public office called "taxpayer"] or association of which they are agents or officers and they are bound by its obligations."
[Brasswell v. United States, 487 U.S. 99 (1988) quoting, United States v. White 322 U.S. 694 (1944)]
Under the collective entity rule, if John Joseph Smith was acting as a representative or agent of the public office and corporate [U.S. Inc.] citizen JOHN JOSEPH SMITH, then he would not be able to exercise his inalienable rights, which are his personal rights.