There is in our political system [two governments], a government - TopicsExpress

Denny George

There is in our political system [two governments], a government of the Several [50] States, and a government of the United States. 14th Amendment “U.S. citizen” subject to the jurisdiction, (War powers) a ‘belligerent engaging in insurrection & rebellion’. In this status you have: • civil rights, or ‘privileges’, which are revocable at any time, upon any ‘whim’; • limited power to contract – only free men can contract, (see “higher contracting power”); • can not question the ‘public debt’ – the “taxes” you pay to keep yourself enslaved to the ‘masters’; • Each is distinct from the other and has citizens of its own. [public “U.S. citizen” and private American national Citizen] A person may be a citizen of the United States and of a State, and as such have different rights. U.S. v. Cruikshank, 92 U.S. 542, 23 L.Ed. 588, (1875). In Hale v. Henkel, 201 U.S. 43, 74 (1906), the Court held: “The individual, [private American national], may stand upon his constitutional rights as a Citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, [see business license required of public citizens.] or to open his doors to an investigation, so far as it may tend to incriminate him. He owes no such duty to the State, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of law. He owes nothing to the public so long as he does not trespass upon their rights.” By contrast and comparison, the Court went on to describe the state-created, “public” corporate citizen. It declared in Hale v. Henkel, supra, 74-75: [a 14th Amendment “U.S. citizen” subject to the jurisdiction]: “Upon the other hand, the corporation is a creature of the State. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the State and the limitations of its charter, (status). Its powers are limited by law. ** It can make no contract not authorized by its charter. ** Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation. (“One only has jurisdiction over what it creates.” The ‘creature’ can not control the ‘creator’.) There is a reserved right in the legislature to investigate its contracts and find out whether it has exceeded its powers. It would be a strange anomaly to hold that a State, having chartered a corporation to make use of certain franchises, could not in the exercise of its sovereignty inquire how these franchises had been employed, and whether they had been abused, and demand the production of the corporate books and papers for that purpose.” Further stressing the difference between the individual Private Citizen and the corporate Public Citizen, the Supreme Court of Oregon declared in Redfield v. Fisher, 292 P. 813, 819 (1930): “The individual, unlike the corporation, cannot be taxed for the mere privilege of existing. The corporation is an artificial entity which owes its existence and charter powers to the state; but the individual’s right to live and own property are natural rights for the enjoyment of which an excise cannot be imposed.” NOTICE how a “private” Citizen is a “he” and a “public” citizen is an “it”? living man vs. legal fiction

Posted on: Thu, 22 Jan 2015 23:17:46 +0000

There is in our political system [two governments], a government - TopicsExpress

Trending Topics

Recently Viewed Topics