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  • Oh but you are confused. You are making a distinction between 1. and 4. when there isn’t one.

    The United States is NOT a body politic comprised of state citizens their governments and their geography. Instead, it is comprised of state citizens who granted their federal govt explicit powers or sovereignty over their geography, as well as others that related to govt territorial possessions.

    That is the jist of our disagreement which stems from your misreading of the Hooven And Allison opinion. You should read the whole opinion. Again, you have admitted that IRC and SS are operative over the union yet you believe that u.s. is sovereign wrt this legislation only over its federal territories. Your conclusion is not congruent with the facts you accepted.

  • Theoretical mass..?

    1. Is United States nation-union a political association/body of state citizens conferring powers to a national government over their geography?

    2. I thought we agreed that the Uniter States geographically is comprised of: above in 1,D.C., and territorial possessions, did you change your mind?

    If you agree with the above then that is your ‘theoretical mass’ you refer to it. Over this mass the United States exercises THREE types of sovereignty.

    1. Over states powers in Article I:8:1-16 and 18.

    2. Over D.C. powers in Article I:8:17.

    3. Over territorial possessions powers in Article IV:3:2.

    Again, what is confusing you about the above? Do you disagree with the different types of sovereignty exercised above and the geography it is exercised over as consented in the U.S. constitution?

  • Answer 2. It is to delineate the geography where the constitutional consent for such subject matter legislation extends over–the 50 states only. Which is why D.C. is explicitly included.

    I am not conflating anything. One cannot be a civil citizen without 1) being a political citizen and 2) maintaining a domicile within the civil jurisdiction.

    For matters of state law and constitutional state retained privileges, a u.s. citizen (14th Amend.) is a state citizen if residing within a state.

    For all matters of law that were surrendered to the united states by the states, the u.s. citizen is a national u.s. citizen because of his domicile within the union-nation on state land.

    In both instances a political status and domicile within geography is required. The geography in first instance is the state, in the second it is the union-nation comprised of the 50 states who united into this union and conferred it powers.

    The real question is why are you conflating u.s. citizenship with federal domicile?

    Are you inplying that IRC is only operative within federal territories per Art. IV:3:2?

    Because if you believe so, I’ve got a bridge in San Francisco I can sell you…

    Do answer my two questions please. Also the ones from a few posts ago if you don’t mind. I agreed with your first question but not with the second which is why I answered only the second.

  • R#1.1. The statutes clearly include states in every definition of the united states. This ministry is of the opinion that the states referred are the federal states, but Article I legislation deals with powers the states conferred to Congress, thus the only states it can include by default is the same states that granted them the powers. Because D.C. is not a part of states anymore, it needs to be included explicitly…and it is in 7701(a)(9) for example.

    So this ministry is wrong when it interprets the IRC and SS, as only two examples, do not include states of the union in their definition of the United States and EVERY SCOTUS decision supports this conclusion because they interpret the statutes in accordance with the rules and constitutional principles.

    R#2.1. Subject matter legislation passed under Article I is operative within the union (the 50 states that conferred/granted these powers) ONLY upon parties who consented to it by involving themselves with the subject. I agree here with you in every way even though you fail to see it.

    R#2.2. You have no idea what you’re saying. The case you reference was in regards to a person who was a U.S.citizen but not domiciled in a state, thus stateless for purposes of diversity jurisdiction. The case in fact proves that one can not be a state citizen without A) being a u.s. citizen first and “B”) being domiciled in a state. This just reinforces my contention that a U.S. citizen domiciled in a state is a state citizen for purposes of diversity jurisdiction BECAUSE his domicile is in a state even though he is a U.S. citizen. IT DESTROYS this ministry’s notion that a U.S. citizen is EITHER a federal entity/domiciliary AND cannot be domiciled within a state.

    THANK YOU FOR PROVING MY POINT which is that a U.S. citizen such as myself can elect my domicile in AZ and not strictly federal land.

    R#2.3. Title 8 includes states in United States. D.C. citizen is EXACTLY the same U.S. citizen that any other state citizen is as well, the only difference is their domicile–the former is a federal domiciliary and latter a state domiciliary and thus also a state citizen wrt to legal matters relative to his state. Otherwise the D.C. resident and the state resident are both national citizens and enjoy same constitutional protections. That’s exactly what Slaughterhouse Cases say, that one can be a u.s. citizen but one may not be a state citizen without domicile in a state. See 14th Amend.

    R#2.4. That’s where we disagree. I state, in full accord with SCOTUS opinions, constitutional provisions and rules of statutory construction, that both 1303 and 7701 include states of the union in their definitions of United States. Since you disagree, do you mind explaining why Congress would legislate under Article I:8:1 for territorial possessions when it has dictatorial powers under Art. IV:3:2? See Steward Machine co. v. Davis for example.

    R#2.5. Again, this is where we completely disagree. For a while I drank the same Koolaid, but not anymore friend. You are flat out wrong and claiming a frivolity. BECAUSE these are passed on Article I powers, and because Art. I:8:1 powers are wrt states ONLY, the Congress needed to include D.C. explicitly because it was not part of any state anymore, and so they did. The states are included by default because Article I powers were DELEGATED to the United States BY THE FRIGGING STATES and not anyone else.

    Your allegation of IRC And SS being Article IV:3:2 legislation is:

    1. Frivolous;
    2. Not even supported by SEDM and famguardian materials;
    3. A half assed attempt to wiggle out of this argument and curve fit the truth around this ministry’s material.

    Provide one SCOTUS opinion that states either one legislative act is passed under Article IV. Go ahead.

    R#3.1. I NEVER alleged Brushaber was either subject to IRC or subject to it because of citizenship. Brushaber was not subject to the IRC. Income earned by him in his involvement with a privileged entity was subject to the tax and the entity collected it and paid it which is when he sued. The moral of the story is that RESIDENCE was irrelevant. Also, he is not the NRA referred to in the T.D. 2313, and assuming so is dangerous.

    R#3.2. I agree. So why the NRA position then? What relevance does that have? I allege that even an NRA can earn income and thus incur an income tax liability. The residence is completely irrelevant.

    R#3.3. I suggest you re-read the Alfonso Larrain court opinion or Slaughterhouse Cases which explain that a U.S. citizen can be domiciled in a state or without a state and how the former confers a second sovereign capacity wrt to state matters/concerns. So you’re wrong. A U.S. citizen can be domiciled wherever he affixes his domicile but if he does so without a state of the union, the law will commute a domicile in D.C. if be invokes a federal legal right.

    R#5.1. Read 26 USC 7701, the language cannot be clearer. If not a citizen OR resident of United States, one is an NRA. I am a citizen resident–resident of AZ specifically–thus I am not a NRA. Proven.

    R#5.2. Spouse and driver are legislative rights or privileges. Yes, they are not available to one not resident unless legislators allow it, but electing domicile within a geographical location automatically commutes resident legal status. Residence is domicile in legal terms really. Never seen a law refer to domicile. You’re just being silly with this argument really. You don’t become a doctor either without additional election of schooling…but you can’t do any of it if not resident first.

    R#5.3. You don’t have to be a political citizen in accordance with the 14th Amend. BUT if you elect to become one and you reside within a state then you elected a dual sovereign capacity, one with domicile within the union with national obligations and another local with domicile within the specific state with its own obligations. You can remain stateless and transient foreigner, but this whole thread deals with individuals who ALREADY ELECTED TO BE 14TH AMENDMENT CITIZENS.

    R#6.1. There is no conflict of any kind because sovereignty is split and what one govt controls the other cannot. Article I legislation is operative only wrt to individuals who accept the mission of involving themselves with the subjects regulated REGARDLESS of their civil status man. Do you get that?? So for those who elected to become 14th Amend. citizens, they are u.s.citizens wrt to such legislative acts whether involved in the subjects regulated and thus subject to the laws or not.

    R#7.1.1 United States citizens. See 14th Amend. and Slaughterhouse Cases.
    7.1.2. Yes, clearly. See 1401(a).
    7.1.3. You don’t. Title 8 is federal/national law thus context is NATIONAL citizenship. Their national citizenship is NOT distinguished. The state citizen has another state sovereignty that D.C. citizen does not. State citizen can sue under div of citizenship and vote in state elections and D.C. citizen can’t do either of those two things. Just one example.
    7.1.4. United States is NOT defined as federal territory within 26 USC. It is defined as the 50 States and D.C. in 7701. That’s the jist of our disagreement really.
    7.1.5.1-3. There are federal regulations wrt specific sections that impose a duty on non federal personnel. United States includes the whole geography of the union-nation plus D.C.
    7.1.6. Because the subjects being delegated as legislative rights to Congress were delegated by the states who could only delegate powers they possessed over their geography. Cmon man…use your head.
    7.1.7. They ignored Hansen’s request. The court is under no duty to explain the law or address baseless requests.

    The constititonal provisions are the sources of power of our government. If states said in Article I:8:1-16 and 18 that Congress can legislate in those matters and Congress exercises these duties, then Congress writes rules and procedures of how it will achieve them and publishes them as laws. For some strange reason you believe, and Neo as well, that when Congress publishes these laws, the laws themselves are of different character and do not have the same dignity or command that the constitutional provisions do.

    If I delegate you with powers to clean and wax MY car, and you write rules and procedures for your employees on how to carry out these provisions, does the character of the power change to somehow now make it about YOUR car and not MINE??

    I reckon that the rules mandate a duty ONLY on those partaking of washing of the car BUT it is still with respect to washing of MY CAR!

    My car=my territory or possession.
    Your rules=federal law.

    Connect the dots.

  • Neo,
     
    We accepted the following facts:
     
    1. The state is a political association of people into one republican government sovereign over its geography.
    2. The United States nation-union is a political association of states’ people into one national government sovereign in powers delegated to it over the union’s geography constituted in part by the 50 states and in part by territorial possessions.
     
    Keeping in mind the following basic axioms and constitutional principles…
     
    1. The powers not delegated/surrendered to the United Stats are reserved to the states and the poeple.
    2. The powers delegated to the United States give it supreme authority within the union.
    3. The 14th Amend. makes an individual a U.S. citizen AND a citizen of a state one resides in.
     
    …we can infer the following:
     
    1. An individual residing in a state, is a state citizen wrt to all matters reserved by the states.
    2. An individual residing in a state, is a U.S. citizen wrt to all matters surrendered to the U.S.
    3. An individual residing outside a state, such as in D.C., is only a U.S. citizen and his domicile commutes exclusive sovereignty to the U.S.
    4. An individual residing within a territorial possession is what Congress from time to time decides pursuant to Art. IV:3:2 authority.
     
    Thus, one MUST reside within a state to be a state citizen, but one may only be born or naturalized within the nation-union to be a U.S. citizen.
     

    Not only may a man be a citizen of the United States without being a citizen of a State, but an important element is necessary to convert the former into the latter. He must reside within the State to make him a citizen of it, but it is only necessary that he should be born or naturalized in the United States to be a citizen of the Union.
    It is quite clear, then, that there is a citizenship of the United States, and a citizenship of a State, which are distinct from each other, and which depend upon different characteristics or circumstances in the individual.

    Slaughterhouse Cases at 74
     
    The circumstances are described above and enumerated from 1-4.
     

    A citizen of a State is ipso facto a citizen of the United States. No one can be the former without being also the latter; but the latter, by losing his residence in one State without acquiring it in another, although he continues to be the latter, ceases for the time to be the former. “The privileges and immunities” of a citizen of the United States include, among other things, the fundamental rights of life, liberty, and property, and also the rights which pertain to him by reason of his membership of the Nation. The citizen of a State has the same fundamental rights as a citizen of the United States, and also certain others, local in their character, arising from his relation to the State, and, in addition, those which belong to the citizen of the United States, he being in that relation also. There may thus be a double citizenship, each having some rights peculiar to itself. It is only over those which belong to the citizen of the United States that the category here in question throws the shield of its protection. 

    Slaughterhouse Cases, at 126
     
    Unless one is in relation with a state, one is not a state citizen.  Thus we are double citizens, as confirmed years later in Printz opinion.  The question is, what is the context of the inquiry made?  If it local law of the state one is resident, or is it strictly national law and concern which would mean one is a U.S. citizen.  Remember too, one can only be a United States citizen, but one cannot only be a state citizen, which is what NRA position promotes. 
     
    So what from the above makes you believe that:
     
    1. a U.S. citizen is automatically a federal resident; and
    2. that one can only be a state citizen and NRA wrt to the United States instead of the U.S. citizen in accordance with Slaughterhouse and 14th Amend.?

  •  Admin said:

     

    BURDEN OF PROOF UPON STIJA:

     

    Thanks to both of you for your passionate contribution so far.  Since Stija is the moving party, he has the burden of proof.  I agree with everything Neo said so far.  The only thing Stija has offered are theories.  This dialog has been remarkably sparse on facts and there is too much THEORY that wouldn’t stand court scrutiny.  That is the reason for my delay in engaging in this pointless political and not legal argument.  The only way to PROVE those theories is to produce case law and/or statutes which prove the following:

     

     

    1. Burden of proof is on one making a claim of NRA status not the other way around.

    2. In the real world, there is NOT ONE case opinion supporting the NRA position wrt to political citizens domiciled within the union.

    3. Your conclusions are moot, as no one is arguing what you propose.

    4. Get your head out of your ass and step into the real world man.  That is if you want to have a real discussion.

    5. Stija provided SCOTUS opinons in his FIRST post.

    6. Admin provided no SCOTUS opinions and cited SEDM and famguardian material as though it was gospel.

    7. ALL of SEDM and famguardian material is political and religious speech inadmissible in a court of law as evidence.

     

    Therefore, the burden of proof is on any political citizen claiming anything other than:

     

    1. Being a U.S. citizen under federal Article I:8:1-16 and 18 legislation;

     

    But hey, i concede i could be wrong and am waiting ANXIOUSLY for a SCOTUS opinion supporting the NRA position.  Even one will do…

     

    EDIT****

     

    1. I see Admin has added SCOTUS quotes.

    2. Unfortunately your quotes deal with matters not relevant to our discussion.

    3. Congress Art. I:8 powers (cl. 17 excluded) do not interfere with states legal or political business.

    4. Each government is sovereign within its sphere and operates accordingly within its own sphere independent of the other.

    5. When i am acting on a state granted rights, i am a state citizen wrt to my state.

    6. When i am acting on a federally granted right, i am a U.S. citizen wrt to the United States, even if domiciled within the state.  

    7. Because rights emanate from different sovereigns, i assume the legal capacity (i have dual legal capacities concomittant with my dual political capacity) of the sovereign on whose rights i am acting.

     

    Why is that so hard to understand for you guys?  It has nothing to do with being domiciled on federal land at all. Nor does being domiciled on any land subject one to specific mandates under legislative acts of the sovereign.  Does your domicile in Alabama subject you to the Alabama Nursing Code? How about the Alabama Transportation Code?  How about Alabama Corporate Code?  Simple domicile is not enough.  One has to partake of the subject–nursing, transportation, corporate existence–in order to be subject to the legislative acts of the sovereign exercising jurisdiction over the geographical location where upon one elected his domicile.

     

    For ADMIN: Topic is NRA status wrt to Article I:8:1-16 and 18 legislative acts.  So go ahead an explain how…

     

    1. One domiciled in Alabama is not domiciled within the union.

    2. United States nation-union as a political body is different from a state as a political body:

    2.1. States are: 1) people, 2) government and 3) geography.

    2.1. United States is: 1) people of the 50 states, 2) the United States government (powers granted/surrendered to it by the states) and 3) states geography forming a union.

    3. States exercise their powers within their geography over their constitutents.

    4. United States exercise its powers within their geography (nation-union) over their constituents (national citizens).

    5. We exist in double capacity wrt the dual capacity of the two sovereigns to whom we delegated certain powers.

     

    …any of the above is not true or factual.  

  • Political association plus domicile commute a civil status.  Both political status and domicile are YOUR elections, but civil status is not an election but a LEGAL CONSEQUENCE of your other TWO ELECTIONS: domicile AND political affiliation.  You can elect your domicile in Alabama, no one is arguing that.  And when you elect your political affiliation under the 14th Amendment, you then become:
     
    a) an Alabama citizen wrt to Alabama; and
    “b”) an U.S. citizen wrt to the United States.   (if i do “b)” it does a smiley face of some sort)
     
    In both instances you are domiciled in Alabama, no one is arguing that.  The domicile is PURELY your election.  But such election of Alabama domicile PLUS election of political affiliation (under the 14th Am.) commutes a legal status of U.S. citizen wrt to U.S. Article I authority. 
    So I am telling you that under Article I legislation you’re just a U.S. citizen domiciled in Alabama and not an Alabama citizen domiciled in Alabama. You and Admin contend otherwise in complete contradiction to every federal form and statutory language.  The second you elected political affilations with the United States as a constitutional citizen AND your domicile within the union (any of its 50 states) you become a legal citizen. Period.  Law is presumptive evidence and not a matter of choice.  
     
    1. Do you reside within the constitutional union?  -yes, in Alabama which is a constituent part of the constitutional union.
    2. Are you a political citizen? -yes
     
    If you answered yes to both, then the LAW commutes a national status of citizen as well as a local status of citizen. Period.  You can’t elect NRA and expect the authorities to acknowledge such a frivolous election not supported by your ELECTIONS in 1 and 2 nor substantive legal evidence. NRA is a legal vehicle for individuals who are NEITHER politically affiliated with the United States NOR domiciled within the union.

    Also, show me one Article I:8 law that refers to state citizens? I contend there is none because states legislate for state citizens and United States legislate for U.S. citizens, and this is done within the same geography/domicile but for different purposes.

    I don’t know why you guys, especially you Neo keep conflating U.S. citizen with terrritorial election and one of federal domicile. A U.S. citizen can be domiciled in California or Texas, that’s his choice and election. You can call yourself a Cow domiciled in California for purposes of Article I legislation so long you can demonstrate not to be a 14th Amendment citizen. But if you are a 14th Amend. citizen you cant be a NRA wrt to federal legislation anymore than you can be an NRA wrt to state legislation BECAUSE YOURE DOMICILED IN A STATE!!!

    If you elect a domicile in Canada then you can be an NRA wrt to that election. But that is not what you guys are promoting.

    Neo, civil status is NOT an election; your domicile is an election. And such election of domicile commutes a civil status. Your domicile in Alabama commuted a U.S. citizen civil status under Article I legislation because such legislation is not operative territorially within D.C. but rather over the 50 states of which you are a domiciliary BECAUSE of your election.

    QUESTIONS:

    1. Are you a citizen of a political body called in the constitution the United States? (the 50 states united–their people, their governments and their geography)
    2. Is Article I subject matter legislation operative only within D.C. or the whole United States defined in 1?
    3. Does your domicile on federal land automatically subject you to mandates under such Article I legislation in 2 or do you have to be involved in the subject regulated?

    Please answer them. We are not going anywhere because you keep repeating an irrelevancy–election of one’s domicile–to this discussion.

    4. What direct relationship, privity and obligations is the Printz court referring to here?
     

    The great innovation of this design was that “our citizens would have two political capacities, one state and one federal, each protected from incursion by the other””a legal system unprecedented in form and design, establishing two orders of government, each with its own direct relationship, its own privity, its own set of mutual rights and obligations to the people who sustain it and are governed by it.”

     
    The court is talking about a “legal system unprecedented…” with a direct legal relationship and privity.  I participate in two elections, local and federal.  I pay two kinds of taxes, local and federal. I also exist in two legal capacities, local and federal.  And i do all of this conveniently from my home and domicile in Arizona because of our federal structure mandating a dual form of government, each with its own sovereignty within its own sphere to be exercised within the same geography.   
     
    You guys are welcome to pound your heads against the wall all you want but no court will accept or support your arguments because they are legally flawed and meritless. And more importantly, these frivolous arguments have nothing to do with the underlying issues of liability under the law itself, whether citizen or alien.

    HOWEVER, if IRC and SS are promulgated under Art. IV:3:2 then we are NRA wrt such legislation. But that assumption is not true and many cases explain that SS and IRC are national legislation under Art. I instead of territorial under Art IV:3:2 or cl. 17.  Steward Machine Co. v. Davis, 301 US 548 – 1937.

  • One fairly can dispute whether our federalist system has been quite as successful in checking government abuse as Hamilton promised, but there is no doubt about the design. If this “double security” is to be effective, there must be a proper balance between the States and the Federal Government. These twin powers will act as mutual restraints only if both are credible. In the tension between federal and state power lies the promise of liberty.

    460*460 The Federal Government holds a decided advantage in this delicate balance: the Supremacy Clause. U. S. Const., Art. VI, cl. 2. As long as it is acting within the powers granted it under the Constitution, Congress may impose its will on the States. Congress may legislate in areas traditionally regulated by the States. This is an extraordinary power in a federalist system. It is a power that we must assume Congress does not exercise lightly. 

    Gregory v. Ashcroft, 501 U.S. 452, at 457

     

    Congress may legislate in areas traditionally regulated by the States. This is an extraordinary power in a federalist system. It is a power that we must assume Congress does not exercise lightly.

     

    1.  Where do you guys suggest Congress legislates in areas traditionally regulated by the States and conferred to it?  In France? Moon? Could it just be possible that it legislates for the union and that such legislation is SUBJECT MATTER–don’t get involved in the subject and no duties are mandated on you whether green, yellow, citizen, resident or any other kind of individual.

    2.  If states conferred/surrendered some of their legislative powers to the United States over subjects best left to their federal government, over what areas do you suggest these same states had authority to consent that this SUBJECT MATTER legislation be operative? Do states have a right to confer such authority to Congress over Canada or is it just maybe over their own political bodies?

     

    Remember, this is SUBJECT MATTER legislation; do not counterfeit FRN’s and you’re not subject to it; do not incur income and you’re not subject to the tax; do not involve yourself in interstate commerce and you’re not subject to it; etc etc., IRRELEVANT of being U.S. citizen or French citizen, the only difference is the United States legislative rights over the union are already explicitly consented to by the states in Article I while they are not in France.  While you guys believe that Brushaber was the NRA referred to in T.D. 2313, his suit is a perfect example of a state citizen’s involvement with Article I legislative rights even though he was resident in a state and not on federal land.  Do NOT confuse cl. 17 with other SUBJECT MATTER rights which are distinct and separate rights.

     

     

    OR…are you guys suggesting that a U.S. citizen individual can only be domiciled on land purchased through Art. I:8:17?  

    OR…are you guys suggesting that a U.S. citizen individual is subject to the IRC whether having income or not, or receiving payments in connection with a trade or business or not?

     

    I contend that neither are true and that a U.S. citizen can elect his domicile pursuant to the First Amendment just like any other individual.

  • Let me make something clear to you all.

     

    1. No one is claiming that an individual domiciled in AZ is a state resident and a federal resident.  SUCH AS IN IMPOSSIBILITY.  

    2. No one is claiming that Article I legislative rights are operative territorially.  Article I:8 is SUBJECT MATTER regulation, cl. 17 notwithstanding.

     

    If it is SUBJECT MATTER legislation, how can you be nonresident to it? What are you guys on? And no one is claiming that a U.S. citizen commutes federal domicile.  Again, what are you guys on?  A U.S. citizen can be domiciled in Arizona just as much as he can be domiciled in France or Portugal.  SUBJECT MATTER legislation is NEITHER operative territorially NOR is it operative over the citizen, but RATHER over the subject being regulated WHETHER the individuals involved are residents or not.  The only difference is that states of the union have already consented to it via Article I, while France or Portugal have not and U.S. would need comity or consent to prosecute individuals domiciled there that partook of the subject being regulated.

     

    What i claimed, and the reason i started this topic is to challenge the NRA position wrt to United States Article I:8 legislation.

     

    1. I did NOT start this thread to explain how IRC operates.

    2. I did NOT start this thread to explain how SS operates.

    3. I did NOT start this thread to explain how any federal law operates.

     

    I started this thread to explain that a 14th Amendment citizen exists in a dual sovereign capacity–each capacity interfaces with the respective government sovereign within its sphere. TERRITORIAL RESIDENCY IS IRRELEVANT. Let me repeat that a few times.

    TERRITORIAL RESIDENCY IS IRRELEVANT

    TERRITORIAL RESIDENCY IS IRRELEVANT

    TERRITORIAL RESIDENCY IS IRRELEVANT

    TERRITORIAL RESIDENCY IS IRRELEVANT

    TERRITORIAL RESIDENCY IS IRRELEVANT

    TERRITORIAL RESIDENCY IS IRRELEVANT

    TERRITORIAL RESIDENCY IS IRRELEVANT

     

    What  was that?

     

    TERRITORIAL RESIDENCY IS IRRELEVANT

    TERRITORIAL RESIDENCY IS IRRELEVANT

    TERRITORIAL RESIDENCY IS IRRELEVANT

    TERRITORIAL RESIDENCY IS IRRELEVANT

    TERRITORIAL RESIDENCY IS IRRELEVANT

     

    Get it yet?  Why is it irrelevant?

     

    BECAUSE ARTICLE I LEGISLATION IS SUBJECT MATTER LEGISLATION.

    BECAUSE ARTICLE I LEGISLATION IS SUBJECT MATTER LEGISLATION.

    BECAUSE ARTICLE I LEGISLATION IS SUBJECT MATTER LEGISLATION.

    BECAUSE ARTICLE I LEGISLATION IS SUBJECT MATTER LEGISLATION.

    BECAUSE ARTICLE I LEGISLATION IS SUBJECT MATTER LEGISLATION.

    BECAUSE ARTICLE I LEGISLATION IS SUBJECT MATTER LEGISLATION.

     
    So are you saying that whether i am a U.S. citizen or not, I am not subject to the legislation unless i involve myself with the subject being regulated?

     

    YES. THAT’S EXACTLY WHAT I AM SAYING.

    YES. THAT’S EXACTLY WHAT I AM SAYING.

    YES. THAT’S EXACTLY WHAT I AM SAYING.

    YES. THAT’S EXACTLY WHAT I AM SAYING.

     

    I don’t care if you are domiciled in China, if you counterfeit FRN’s you will be prosecuted, whether Chinese or U.S. citizen; if you have U.S. sourced taxable income, it will be collected whether you are Chinese or not; if you violated a SEC law, you will be prosecuted, whether Chinese or not. The only difference is that in China, the U.S. EITHER has to have a compact wrt to these matter in place, OR it has to ask for permission/consent to prosecute or extradite the individual.  

     

    Just like a French citizen can be domiciled in Texas, a U.S. citizen can also be domiciled in Texas.  Being a U.S. citizen does not make you assume a domicile on federal land automatically as this ministry suggests.  

     

    If you are domiciled in Texas you are a) United States citizen under any Article I:8:1-16 and 18 legislation, IRRELEVANT OF BEING DOMICILED IN TEXAS, and “b)” your state (along with 49 other states) has ALREADY CONSENTED to the the legislative rights, but such legislation is NEITHER:

     

    1. Operative on your domicile; NOR

    2. Operative on your civil status.

     

    Such Article I legislation imposes a duty ONLY WHEN you partake of the subject regulated, such as counterfeiting FRN’s or earning taxable income. It’s called SUBJECT MATTER legislation for a purpose. Allow me to demonstrate.

     

    1. Does FLSA (Fair Labor Standards Act) impose a duty on Neo or me, even though we claim to be U.S. citizens and residents under it?  Why not?

    2. Does IRC impose a duty on Neo or me when employed within a state under a state created private contract not in connection with a trade or business? See 26 USC 6041. Why not?

    3. What if in scenario 2. we sign a W-4, does it impose a duty then?

    4. Is IRC Subtitle C operative on the U.S. citizen, NRA, resident, alien, OR is it operative on making or receiving taxable payments (the subject/object regulated)?

    5. Do counterfeiting laws impose a duty on U.S. citizens not involved with counterfeiting? Why not?

     

     

    You guys just don’t get it.  You are focused on some “territorial” humbug that is irrelevant when it comes to SUBJECT MATTER JURISDICTION.  The only difference is WHETHER:

     

    1. You will claim to be a NRA wrt to such SUBJECT MATTER legislation, and be labeled a kook; or

    2. You say that you are a U.S. citizen not involved in the SUBJECT BEING regulated by the law, which will allow the court to REACH your substantive legal claims.

     

    Choice is yours, under the First Amendment.  

     

    Admin, any reference to SEDM or famguardian materials in your posts as authoritative source in support of your claims is going to be ignored.  Feel free to attach a relevant court cite with a proper page or quote.  If these forums are a mock court, then let’s treat them as such.  I would never expect a court to find any of SEDM or famguardian material as legally binding and therefore it is not acceptable in a mock court forum either.  

     

    I can support anything i say with a mountain of SCOTUS opinions, can you do the same?  I challenge you to give me just one opinion wrt:

     

    1. A political citizen domiciled in a state being NRA wrt to Article I:8 legislation, cl. 17 excluded; and

    2. IRC or SS being passed under Article IV:3:2.

     

    Go ahead, make my day. Failure to plead leads to an admission opponents claims, you know that.

  • Admin, 

     

    i was going to answer your post but then i realized that that would be giving it merit it doesn’t deserve.  You have not supported one of your statements with a legal reference or court cite, yet you claim this:

     

    Thanks to both of you for your passionate contribution so far.  In conclusion, I agree with everything Neo said so far.  The only thing Stija has offered are theories.

     
    I only offered theories? Did you purposely skip over the SCOTUS opinions i posted in my FIRST post?  You claim that Article I legislation is not operative within states on state employers or rights.  If that is your stance, read Garcia v. San Antonio MTA 469 US 528 for example, to see how it indeed is operative within states and not only on private parties but even government run enterprise.  One could argue that these enterprises don’t even have a substantial effect on commerce.

     

    As every schoolchild learns, our Constitution establishes a system of dual sovereignty between the States and the Federal Government. This Court also has recognized this fundamental principle. In Tafflin v. Levitt, 493 U. S. 455, 458 (1990), “[w]e beg[a]n with the axiom that, under our federal system, the States possess sovereignty concurrent with that of the Federal Government, subject only to limitations imposed by the Supremacy Clause.” Over 120 years ago, the Court described the constitutional scheme of dual sovereigns:

    The Constitution created a Federal Government of limited powers. “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.” U. S. Const., Amdt. 10. The States thus retain substantial sovereign authority under our constitutional system. As James Madison put it:”`[T]he people of each State compose a State, having its own government, and endowed with all the functions essential to separate and independent existence,’ . . . `[W]ithout the States in union, there could be no such political body as the United States.’ Not only, therefore, can there be no loss of separate and independent autonomy to the States, through their union under the Constitution, but it may be not unreasonably said that the preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National government. The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.” Texas v. White, 7 Wall. 700, 725 (1869), quoting Lane County v.Oregon, 7 Wall. 71, 76 (1869).

    This federalist structure of joint sovereigns preserves to the people numerous advantages. It assures a decentralized government that will be more sensitive to the diverse needs of a heterogenous society; it increases opportunity for citizen involvement in democratic processes; it allows for more innovation and experimentation in government; and it makes government more responsive by putting the States in competition for a mobile citizenry. See generally McConnell, Federalism: Evaluating the Founders’ Design, 54 U. Chi. L. Rev. 1484, 1491-1511 (1987); Merritt, The Guarantee Clause and State Autonomy: Federalism for a Third Century, 88 Colum. L. Rev. 1, 3-10 (1988).458*458 “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. . . . The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” The Federalist No. 45, pp. 292-293 (C. Rossiter ed. 1961).

    Perhaps the principal benefit of the federalist system is a check on abuses of government power. “The `constitutionally mandated balance of power’ between the States and the Federal Government was adopted by the Framers to ensure the protection of `our fundamental liberties.'” Atascadero State Hospital v. Scanlon, 473 U. S. 234, 242 (1985), quoting Garcia v. San Antonio Metropolitan Transit Authority,469 U. S. 528, 572 (1985) (Powell, J., dissenting). Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front. Alexander Hamilton explained to the people of New York, perhaps optimistically, that the new federalist system would 459*459 suppress completely “the attempts of the government to establish a tyranny”:

    “In a confederacy the people, without exaggeration, may be said to be entirely the masters of their own fate. Power being almost always the rival of power, the general government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress.” The Federalist No. 28, pp. 180-181 (C. Rossiter ed. 1961).

    James Madison made much the same point:

    “In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments. In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.” Id., No. 51, p. 323.

    One fairly can dispute whether our federalist system has been quite as successful in checking government abuse as Hamilton promised, but there is no doubt about the design. If this “double security” is to be effective, there must be a proper balance between the States and the Federal Government. These twin powers will act as mutual restraints only if both are credible. In the tension between federal and state power lies the promise of liberty.

    460*460 The Federal Government holds a decided advantage in this delicate balance: the Supremacy Clause. U. S. Const., Art. VI, cl. 2. As long as it is acting within the powers granted it under the Constitution, Congress may impose its will on the States. Congress may legislate in areas traditionally regulated by the States. This is an extraordinary power in a federalist system. It is a power that we must assume Congress does not exercise lightly.

    Gregory v. Ashcroft, 501 U.S. 452, at 457

     

    1. As every schoolchild learns…

    2. Without the states there could be no political body known as the United States

    2.1. Political body known as the United States is: 1) 50 states’ citizens, and 2) 50 states’ geography, and 3) 50 states’ governments.

    3. The United States in 2.1 is what grown ups refer to as the nation-union which most certainly has every attribute or characteristic necessary for it to be a proper nation and political body.  The subject matter legislative wrt to powers delegated to it is operative over this same political body we call the United States.

    4. I am one of its citizens, you can call me the United States citizen or U.S. citizen, as federal legislation most commonly refers to me.

     
    Also, before i dignify your post with an answer, do you have JUST ONE, either appellate or SCOTUS opinon supporting a NRA position you are promoting?  Do you even have anything that contradicts my DUAL SOVEREIGN capacity pursuant to the 14th Amendment?  If not, then it is pure political and religious belief non admissible in a court of law.  

     
    Furthermore, your “conclusions” are moot. 

     
    1.  That the “nation-Union” and domicile within said “nation-Union” has any bearing on federal jurisdiction.  We have found NONE so far.

     

    Neither have either one of us–Neo or myself–claimed that it does.  What’s your point?  This whole discussion is about your NRA position being bogus wrt federal subject matter jurisdiction passed under Article I:8, cl. 17 excluded.  I can be a domiciliary of the union-nation and a U.S. citizen under the IRC and if i have neither wages, nor involve myself in a regulable transaction, it imposes no duties on me WHETHER domiciled in the union-nation or the moon.  Your conclusion is thus MOOT and irrelevant to this discussion.

     

    Let’s address the next one.

    2.  That one can have a domicile within more than one sovereign at any given time and thereby have conflicting allegiances toward multiple political entities.  This violates the biblical mandate not to serve two master and the legal mandate not to have a conflict of interest.  It is a fact that one can have a physical domicile in ONLY one geographic place and have allegiance to ONLY ONE political entity through that domicile.

     
    We do have a domicile in ONLY one geographical place–mine is in Arizona.  For purposes of all powers not surrendered to the United States, not prohibited to Arizona or reserved by the people of Arizona to themselves, I am an Arizona citizen.  Now, because of our constitutional arrangement there is something called the doctrine of dual sovereignty.

     

    It is incontestible that the Constitution established a system of “dual sovereignty.” Gregory v. Ashcroft, 501 U. S. 452, 457 (1991)Tafflin v. Levitt, 493 U. S. 455, 458 (1990). Although the States surrendered many of their powers to 919*919 the new Federal Government, they retained “a residuary and inviolable sovereignty,” The Federalist No. 39, at 245 (J. Madison). This is reflected throughout the Constitution’s text, Lane County v. Oregon, 7 Wall. 71, 76 (1869)Texas v. White, 7 Wall. 700, 725 (1869), including (to mention only a few examples) the prohibition on any involuntary reduction or combination of a State’s territory, Art. IV, § 3; the Judicial Power Clause, Art. III, § 2, and the Privileges and Immunities Clause, Art. IV, § 2, which speak of the “Citizens” of the States; the amendment provision, Article V, which requires the votes of three-fourths of the States to amend the Constitution; and the Guarantee Clause, Art. IV, § 4, which “presupposes the continued existence of the states and . . . those means and instrumentalities which are the creation of their sovereign and reserved rights,” Helvering v. Gerhardt, 304 U. S. 405, 414-415 (1938). Residual state sovereignty was also implicit, of course, in the Constitution’s conferral upon Congress of not all governmental powers, but only discrete, enumerated ones, Art. I, § 8, which implication was rendered express by the Tenth Amendment’s assertion that “[t]he 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.”

     

    I don’t make these rules–i just follow them ok?  Since there are two sovereign operating withing their respective sphere over the same geography, there are also two sovereign political capacities interfacing with the two respective gov’t sovereigns to whom we delegated such powers.

     

    The great innovation of this design was that “our citizens would have two political capacities, one state and one federal, each protected from incursion by the other”“a legal system unprecedented in form and design, establishing two orders of government, each with its own direct relationship, its own privity, its own set of mutual rights and obligations to the people who sustain it and are governed by it.” U. S. Term Limits, Inc. v. Thornton, 514 U. S. 779, 838 (1995) (Kennedy, J., concurring). The Constitution thus contemplates that a State’s government will represent and remain accountable to its own citizens. See New York, supra, at 168-169United States v. Lopez, 514 U. S. 549, 576-577 (1995) (Kennedy, J., concurring). Cf. Edgar v. MITE Corp., 457 U. S. 624, 644 (1982) (“%5BT%5Dhe State has no legitimate interest in protecting nonresident“). As Madison expressed it: “[T]he local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority *921 than the general authority is subject to them, within its own sphere.” The Federalist No. 39, at 245.

    [Printz v. United States]

     

    Thus, while i am domiciled on one geographical location, Arizona is part of the union and when Congress legislates for the union ON POWERS CONFERRED/SURRENDERED BY ARIZONA AND OTHER STATES TO IT, it legislates for me in my capacity as a United States citizen.  Whether i am a U.S. citizen or Arizona citizen is IRRELEVANT to me incurring a taxable income and being subject to IRC laws.  Do you know what subject matter legislation means?  So you bring up a moot point again–neither one of claimed domicile in two different location–i know i certainly did not.

     

    Questions for you:

     

    1. Are you alleging that i do not have two political capacities?

    2. Are you alleging that i ever alleged to be domiciled on two different geographical locations?

     

    I don’t care how you refer to them when you answer them, BUT if you do not answer them AND if you do not provide evidence as proof for both, then by your silence you admit to being a liar.

     

    I allege you are making moot points BECAUSE you don’t want to address the matter brought up for review in this thread.  STOP addressing things we don’t care about nor bring up in this thread.  If you can’t do that, then continue believing that SCOTUS opinions are religious and political beliefs and SEDM and famguardian material–WHICH EXPLICITLY STATES THAT IT IS ONLY POLITICAL AND RELIGIOUS BELIEF–is some kind of authority AND continue watching this thread develop from the sidelines BECAUSE you sue are not legally contributing to it.

  • The easiest and most lucid way i can explain this is using the definition of a “state” from Texas v. White, which is a people and their government exercising jurisdiction or authority over a delineated geographical territory.  Now for anyone that can get that concept and understand it clearly, the next step should come as no surprise.

     

    Now picture a union called the United States [of America], as that is used to refer to the name of the union of the 50 states under the U.S. Constitution.  Using same basic concept from the definition of a state on can infer that the United States is its people and the government of the United States exercising jurisdiction (sovereignty) over a delineated geographical territory. Now, we all should know and agree that the U.S. Constitution is the Supreme Law of the Land.  What land one may ask?  Well, we agreed that the land of the United States is comprised of:

     

    1. the 50 states; and

    2. D.C.; and

    3. Territorial possessions.

     

    Now, each one of those lands has its own people and also its own governments–some being instituted/allowed by the United States (such as territorial possessions and D.C.), and some others being in existence before the United States (such as the states).  To avoid confusion as to just what powers are delegated to the United States a constitution was written. Marbury v.Madison, 1 Cranch 137, 176 (1803). The powers over these three distinct lands, their people and their governments have been delegated and explicitly stated in this founding document.  The United States exercises the following sovereignty over the three distinct geographical locations as follows:

     

    1. Art. I:8:1-16 and 18 over the states.

    2. Art. I:8:17 over D.C.

    3. Art. IV:3:2 over territorial possessions.

     

    Other constitutional restrictions and rights may apply, such as the Bill of Rights being applicable over the states and D.C. but not territorial possession unless Congress extends them these rights through legislative acts, but these are irrelevant to our discussion with respect to ones domicile and interaction with the U.S. government when interfacing with one of its legislative acts passed under Art. I:8.

     

    So basically, that being my understanding of the American Federalism and constitutional Jurisprudence, I cannot anymore support or agree with the NRA position this ministry promotes ONLY with respect to any individual who is a political citizen of the United States under the 14th Amendment.  It has become apparent to me, and anyone else who understands the basics should be able to infer also, that a 14th Amendment citizen is and can only be a United States citizen with respect to any constitutional Congressional legislative act passed under authority of Art. I:8, clause 17 excluded.

     

    Having said the above, it is also true that First Amendment protections allow individuals to claim residency elsewhere, thus a political U.S. citizen could claim to be a NRA with respect to SS franchise for example, but that claim has to be supported with factual and declaratory evidence of residency outside the United States nation-union and NOT within a state of the union.  The NRA position is only frivolous in as much one supports it by claiming his domicile within an American state of the union, thus if an Alabaman claims to be a NRA wrt SS franchise because he picked his domicile in Spain or Canada, such legal claim is NOT frivolous.  But if he claims to be a NRA because he is domiciled in Alabama, THEN the NRA position takes the frivolous character, not being supported in American Jurisprudence.

     

    I hope i am making sense in the above as i tried covering all the basis.  If anyone believes i missed something or that i alleged something which is incorrect, PLEASE feel free to correct me.  My intent is only to uncover the truth so that i can present a valid and true legal argument supported in both facts and law, thus biding the court and its officers into adjudicating for this truth.

  • Civil citizenship is something other than political citizenship. Allegiance and political association are separate issues from that of domicile. Political associations and civil associations relate to political bodies and geography respectively. They are separate issues.

     

    We exist in two political capacities: first as state citizens and as domiciliaries of their geography also as civil citizens, and second as national citizens and as domiciliaries of the United States nation-union (comprising D.C., the 50 states and territorial possessions) also civil citizens. BUT because our domicile is within one of the 50 states we are such national civil citizens ONLY wrt Art. I:8:1-16 and 18 legislative powers/rights and NOT cl. 17 civil citizens (D.C. domiciliaries) NOR Art. IV:3:2 civil citizens (territorial domiciliaries). In other words our national civil citizenship interfaces ONLY through Art. I:8:1-16 and 18 of the U.S. Constitution, as this pertains to our discussion. (there are other constitutional authorities that pertain to us but none relevant to our discussion).

    Again, the ruse is in third parties not understanding that an employment contract extended to you in California is a matter of strictly state rights and done on California’s grant of authority if such third party is a corporate entity. Thus no federal law has a claim on these state created private rights.  But these third parties don’t know that and ask/require federal snitching forms for EVERY transaction even if created by state law, which is a violation of the law and your 5th Amendment substantive due process requirement.

  • It does contain the people, of course. That’s a given man…we are discussing/focusing on geography.

    I guess the question to you then is do you concede you exist as a united states citizen? And do you concede that the United States nation as a body politic is its citizenry (all state citizens), its geography (all states) and their governments?
     

    It is rather simple to understand once one concedes that the United States nation-union is geographically composed of D.C., the states, and the territorial possessions.

    If the United States contains the states and the states are their people and government and geography, it is implied that they are included. YOU ARE THE ONE ON THE OTHER HAND who must have thought I implied only state geography (1/3 of state) to make an argument where there is none to be made. If we accepted that states are three things then they are three things so lets move on…I don’t need to explain everytime what state means when we agreed on its meaning.

    I never alleged that a nation exists without people and government as simply geographical location and you are extrapolating this from somewhere.

  • I think territorial sovereignty is a separate issue to that of subject matter sovereignty.

     

    Yes it is.  United States exercises territorial sovereignty over the nation-union man.  We’ve went over that.  This nation-union is: D.C., the states, and the territories an possessions.  Over the three distinct geographical locations, the United States exercises DISTINCT legislative sovereignty–exclusive over the first, subject matter over the second and proprietary or territorial over the third.

     

    You’re avoiding such conclusion but it becomes inescapable and inevitable once one poses the following question: If Art. IV:3:2 gives U.S. sovereignty over the territories and if Art. I:8:17 gives them exclusive sovereignty over D.C., which constitutional delegation of powers and geographical location remain?  

     

    That’s right, the constitutional legislative authority of Art. I:8:1-16 and 18 remain along with the territorial geography of the states which is where such legislative sovereignty is operative over.

     

    You won’t admit it because it destroys your argument.  I am willing to admit it because it is the truth, even though it destroys my legal argument as well–argument i don’t agree with anymore and find frivolous.  It is rather simple to understand once one concedes that the United States nation-union is geographically composed of D.C., the states, and the territorial possessions.  After that one only needs read what diffuse legislative sovereignty was delegated to the United States, and infer that the rest was reserved to the states or the people pursuant to the 10th Amendment.

  • Go to page 35 (of the statutes) — page 59 on the pdf, and read about the retro-cession of Alexandria County from D.C. back to the State of Virginia.  Notice what it says about sovereignty over the territory.

     

    Cession of territory to the United States is pursuant to clause 17 of Section 8 of Article I of the U.S. Constitution.  Such cession of territorial jurisdiction confers the United States with EXCLUSIVE (only their) legislative jurisdiction.  It has nothing to do with our argument wrt to matters legislated under cl. 1-16 and 18.  

     

    Neo, the operative word in clause 17 is exclusive, as opposed to only delegated matters.  Exclusive meaning only the United States exercises jurisdiction and no other sovereign.  Then clause 17 specifies where this exclusive power is to be exercised and for what purpose. Clauses 1-16 and 18 are specific delegation of legislative sovereignty to the United States over the union, the other subjects not delegated remaining with the states in their residual (not conferred/delegated) sovereignty.

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