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EDITORIAL: The purpose of this page is to determine by WHAT authority franchises such as Social Security and the Internal Revenue Code are used to CREATE new public offices or lawfully "appoint" people to a public office in the national government. We allege that there IS NOT SUCH AUTHORITY. We have found NO authority so far. More on this subject at:

The "Trade or Business" Scam, Form #05.001

What we have discovered so far is that:

  1. Anyone who owes a DUTY to the government is a public officer.

    "The term office' has no legal or technical meaning attached to it, distinct from its ordinary acceptations. An office is a public charge or employment; but, as every employment is not an office, it is sometimes difficult to distinguish between employments which are and those which are not offices…. A public officer is one who has some duty to perform concerning the public; and he is not the less a public officer when his duty is confined to narrow limits, because it is the duty, and the nature of that duty, which makes him a public officer, and not the extent of his authority.' 7 Bac. Abr. 280; Carth. 479…. Where an employment or duty is a continuing [***65] one, which is defined by rules prescribed by law and not by contract, such a charge or employment is an office, and the person who performs it is an officer…. The powers vested in the government of the state of Mississippi are either legislative, judicial, or executive; and these respective branches of power have been committed to separate bodies of magistracy…. Whether an office has been created by the constitution itself, or by statute,… the incumbent, as a component member of one of the bodies of the magistracy, is vested with a portion of the power of the government…. The words civil office under the state'… import an office in which is reposed some portion of the sovereign power of the state, and of necessity having some connection with the legislative, judicial, or executive departments of the government…. The local and limited power and duties of the levee commissioner can have no effect in determining the question whether his office is not an office under the state. A member of the board of county police, or a justice of the peace, is as much an officer under the state as the executive, the heads of department, or a member of the judiciary. The powers attached [***66] to the office of levee commissioner evidently pertain to the executive branch of the government. Clothed with a portion of the power vested in that department, the commissioner, in the discharge of his proper functions, exercises as clearly sovereign power as the governor or a sheriff." Shelby v. Alcorn, 36 Miss. 273, 288-290, 292. The constitution provided that "no senator [*233] or representative" should, during his term, "be appointed to any civil office of profit under this state," which had been created during his legislative term. The object of the clause was manifest, and the office of levee commissioner was held to be within the mischief which the prohibition was intended to prevent.

    [Ricker's Petition, 66 N.H. 207 (1890)]

    “Public office. The right, authority, and duty created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some portion of the sovereign functions of government for the benefit of the public. Walker v. Rich, 79 Cal.App. 139, 249 P. 56, 58. An agency for the state, the duties of which involve in their performance the exercise of some portion of the sovereign power, either great or small. Yaselli v. Goff, C.C.A., 12 F.2d. 396, 403, 56 A.L.R. 1239; Lacey v. State, 13 Ala.App. 212, 68 So. 706, 710; Curtin v. State, 61 Cal.App. 377, 214 P. 1030, 1035; Shelmadine v. City of Elkhart, 75 Ind.App. 493, 129 N.E. 878. State ex rel. Colorado River Commission v. Frohmiller, 46 Ariz. 413, 52 P.2d. 483, 486. Where, by virtue of law, a person is clothed, not as an incidental or transient authority, but for such time as de- notes duration and continuance, with Independent power to control the property of the public, or with public functions to be exercised in the supposed interest of the people, the service to be compensated by a stated yearly salary, and the occupant having a designation or title, the position so created is a public office. State v. Brennan, 49 Ohio.St. 33, 29 N.E. 593.
    [Black’s Law Dictionary, Fourth Edition, p. 1235]

  2. Per the above definition of "public office", anyone in charge of ANY of the "property of the public" is PRESUMED to BE a "public officer". Such property is listed in 5 U.S.C. §553(a)(2). More at:
    Separation Between Public and Private Course, Form #12.025
    https://sedm.org/LibertyU/SeparatingPublicPrivate.pdf
  3. We have found NO delegated constitutional authority for whether Congress may use its control or authority over federal property to in effect CREATE new public offices or to recognize those in custody of said property as LAWFUL public officers. Article 4, Section 3, Clause 2 comes closest. See:
    Why the Federal Income Tax is a Privilege Tax Upon Government Property, Form #04.404
    https://sedm.org/product/why-the-federal-income-tax-is-a-privilege-tax-on-government-property-form-04-404/
  4. The place to find that "duty" owed by a public officer in a civil statute is the place where a specific civil status is made "liable FOR", not "liable TO". That civil status can be such things as "person", "taxpayer", "citizen", "resident", etc. See:
    Your Exclusive Right to Declare or Establish Your Civil Status, Form #13.008
    https://sedm.org/Forms/13-SelfFamilyChurchGovnce/RightToDeclStatus.pdf
  5. In the Internal Revenue Code, liability for tax of "citizens" and "residents" and "nonresident aliens" is established in the REGULATIONS, not in the STATUTES. See 26 C.F.R. §1.1-1(a).
  6. In the above regulation, the parties are identified as "LIABLE TO" not "liable FOR". Thus they must be volunteers.
  7. Since the liability is established in the regulations and not the statute, and the statute does NOT impose an express liability, then the only way the regulation can is if it is limited to public officers working in the Treasury Department for the Secretary of the Treasury. See 5 U.S.C. §301, which says the head of governmental departments can ONLY make regulations for people in their own department, and NOT the general public or people in OTHER departments.
  8. We have found NO provision anywhere in federal law or in Title 5 of the U.S. Code dealing with officers of the government where people are allowed to just unilaterally ELECT themselves into public office. That is a crime, in fact, under 18 U.S.C. §912.
  9. To say that you are "IN the United States**" as a corporation while you have not been lawfully appointed, for all intents and purposes, is equivalent to the crime of impersonating a public officer as mentioned in the previous step.
  10. Any use of the word "election" in the Internal Revenue Code to pursue a civil statutory "privilege" must therefore deal with EXISTING public offices, not those unlawfully created by people impersonating public offices called STATUTORY "citizens", "residents", "persons", "taxpayers", "employees", etc
  11. Public officers MUST serve in a SPECIFIC branch of the government. There is NO SUCH THING as someone who serves in OTHER than the Legislative, Executive, or Judicial branches. There ARE no other branches.
  12. Most public offices are served within the Executive Branch and most departments of the Government are part of the Executive Branch, including the Treasury Department.
  13. For a history of the organization of the Department of the Treasury, see the following:
    History of the Treasury Department Organization, Family Guardian Website
    https://famguardian.org/Subjects/Taxes/Research/TreasOrgHist/TreasOrgHist.htm
  14. It is also worth noting that the IRS has NO LEGAL AUTHORITY TO EVEN EXIST! It was never lawfully created and is NOT in the Executive Branch! In fact, it is a private debt collector for the Federal Reserve used to regulate the supply of FIAT currency. We are SUPPOSED to be a "society of law and NOT men". Where there is no law, there can BE no "men" within the government doing ANY job directly or indirectly that supports the government, and certainly not within one of the three authorized branches of the government. The IRS is NOT in the Treasury Department and has NO authority to even exist under Title 31 of the U.S. Code. For the remarkable truth on this subject, see;
    Origins and Authority of the Internal Revenue Service, Form #05.005
    https://sedm.org/Forms/05-MemLaw/OrigAuthIRS.pdf
  15. A government that wants to deceive people will try to make the VOLUNTEERING process essentially INVISIBLE and INFORMAL. We call this "invisible consent". If they ever created court admissible evidence that you are a volunteer, then people would immediately QUIT their position as volunteers. Therefore, the process of volunteering MUST be "invisible" and silent. See:
    Requirement For Consent, Form #05.003, Section 9.4
    https://sedm.org/Forms/05-MemLaw/Consent.pdf
  16. Efforts to HIDE the process of volunteering consist in legal deception surrounding:
    16.1 The meaning of the civil statutory statuses of "person", "taxpayer", "citizen", and "resident". See:
    IRS Fraud and Deception About the Statutory Word "Person", Form #08.023
    https://sedm.org/Forms/08-PolicyDocs/IRSPerson.pdf
    16.2 The meaning of geographical terms "United States" and "State". See:
    Foundations of Freedom, Form #12.021, Video 4: Willful Government Deception and Propaganda
    https://www.youtube.com/watch?v=hPWMfa_oD-w
    16.3 The meaning of citizenship terms "citizen", "resident", and "U.S. citizen". See:
    Why You Area a "national", "state national", and Constitutional but not Statutory Citizen, Form #05.006
    https://famguardian.org/Publications/WhyANational/WhyANational.pdf

    The above methods of deception are further documented in:
    Legal Deception, Propaganda, and Fraud, Form #05.014
    https://sedm.org/Forms/05-MemLaw/LegalDecPropFraud.pdf
  17. The practical legal effect of ASSUMING that someone is a public officer who never expressly gave their consent is called "identity theft". See:
    Government Identity Theft, Form #05.046
    https://sedm.org/Forms/05-MemLaw/GovernmentIdentityTheft.pdf
  18. The most frequent methods for people to involuntarily be in effect "elected" into public office is the filing of false information returns. 26 U.S.C. §6041(a) requires that these information returns can only be filed against those lawfully engaged in a "trade or business", which is defined 26 U.S.C. §7701(a)(26) as "the functions of a public office". Thus, these information returns are being abused to UNLAWFULLY created NEW public offices. If you don't dispute these usually false information returns, then you will be treated AS IF you are a public officer. See:
    Correcting Erroneous Information Returns, Form #04.001
    https://sedm.org/Forms/04-Tax/0-CorrErrInfoRtns/CorrErrInfoRtns.pdf

More on how the above VOLUNTEERING process works for a public office called STATUTORY "citizen", "resident", "nonresident alien INDIVIDUAL" and "taxpayer" and how to prove you are a volunteer can be found at:

  1. How State Nationals Volunteer to Pay Income Tax, Form #08.024 (OFFSITE LINK)-SEDM
  2. How You Voluntarily Surrender Your Constitutional/Private Rights to Become a Privileged Government "Straw Man"/Public Officer
  3. Why Your Government is Either a Thief or You Are a "Public Officer" for Income Tax Purposes, Form #05.008 (OFFSITE LINK) -SEDM
  4. Challenge to Income Tax Enforcement Authority Within Constitutional States of the Union, Form #05.052 (OFFSITE LINK) -SEDM

Office of Personnel Managment: Hiring Information

5 U.S.C. §2102: The competitive service

22 C.F.R. §66.6: Enlistment, appointment, and induction criteria