Radiation Sickness

Bigger text (+)Smaller text (-)
Translate this Page!

PEOPLE or CITIZEN


WHICH ONE ARE YOU?



PEOPLE

The national constitution's Preamble does not specifically define the word "People." Nevertheless, the definition becomes apparent in the context of the other words and prior history.

HISTORY

Before the United States existed, there was no legal government. A group of representatives, acting "in the name and by the authority of the good people of these colonies," declared the independence of the colonies from the British Crown and the state of Great Britain.

From the beginning, in the 1776 Declaration of Independence, the people were acknowledged as the source of authority, i.e. the sovereignty which authorized the Declaration of Independence.

Next came the 1778 Articles of Confederation. The states that existed by the authority of the people, created those Articles while in Congress assembled. That didn't work as well as expected.

In 1787 the people themselves came forth "to ordain and establish this Constitution for the United States of America" [see Preamble]. On September 17th, 1787, the states held a convention and all those present unanimously joined in. [see last paragraph of U.S. Constitution]

So, in 1787, unanimous concurrence was achieved and the Constitution was born, later to be ratified.

PREAMBLE

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

STRUCTURE OF PREAMBLE

TRUSTOR: We the People [trustors]

VENUE: of the United States

PURPOSE: in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty

BENEFICIARY: to ourselves and our Posterity,

ENABLING ACTION 1: do ordain [declare the law]

ENABLING ACTION 2: and establish [bring into existence]

WHAT: this Constitution [articles of incorporation for trust]

TRUSTEE: for the United States of America. [trustee]

ANALYSIS OF PREAMBLE

The Preamble defines the context in which the remainder of the Constitution must be interpreted. Most of it is self explanatory. Here's an explanation that points to popular sovereignty:

After the Declaration of Independence, but before the ordainment and establishment of the Constitution, the people of the United States pretty much handled their own affairs using the common law. They were not subject to any higher authority other than the authority of the common law as administered by the people themselves (self governance). Although the states did exist, they only existed by the authority of the people. Every man was a king, and every woman a queen--and none had any subjects. Upon declaring our independence, we all became sovereigns and members of the peerage (nobility).

"The people of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative. Through the medium of their Legislature they may exercise all the powers which previous to the Revolution could have been exercised either by the King alone, or by him in conjunction with his Parliament; subject only to those restrictions which have been imposed by the Constitution of this State or of the U.S."

Lansing v. Smith, 21 D. 89., 4 Wendel 9 (1829) (New York)
"D." = Decennial Digest
Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829), 21 Am.Dec. 89
10C Const. Law Sec. 298; 18 C Em.Dom. Sec. 3, 228;
37 C Nav.Wat. Sec. 219; Nuls Sec. 1`67; 48 C Wharves Sec. 3, 7.
NOTE: Am.Dec.=American Decision, Wend. = Wendell (N.Y.)

The enabling actions in the Preamble are significant because there is simply nothing in the use of those words to imply that the People relinquished any of their own power and authority. The People declared the law (ordain) without taking away from themselves the authority to declare law again in the future. The People established the Constitution without taking away from themselves the authority to establish anything else in the future. In other words, the people gave birth to the Constitution without giving up any of their own power and authority.

What was before, continues to be so today.

From the context of the Preamble, one may conclude that the laws of the United States do not apply to People. The People, as ordainers and establishers of the country are sovereigns of the country, may not be involuntarily subjected to the laws of the United States.

Because of Amendment X ("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," the government has no authority, and cannot assume any authority over the People. Government powers may not reach beyond that which is constitutionally granted. In order for the government to subject People to its law it is necessary for the People to relinquish their sovereignty. Sovereignty is a natural right which cannot lawfully be relinquished involuntarily. Any removal of sovereignty must be accomplished voluntarily by the subject himself.


DEFINITION OF CITIZEN OF THE UNITED STATES

HISTORY

Before ratification of the Amendment XIV , there was no legal definition of the term "citizen of the United States." The term was used, but only generally. After the Civil War the slaves were freed but there was no legal basis to recognize them as having any rights. Amendment XIV partially solved that problem.

"Free the slaves," was the rallying cry combined with the Civil War that resulted in Amendment XIV. Amendment XIV created a new class of person called "citizen of the United States." Any ex-slave could now claim citizenship, and, by the way, so could any of the People if they so chose to do. Amendment XIV made possible the voluntary relinquishment of personal sovereignty.

It was also during the mid 1800's that the various governments took control of the school systems. The curriculum shifted from civics (the study of natural rights and common law) to American government (the study of civil privileges and statutory law). Emphasis was also refocused on "good citizenship". To blunt the people's perception, the civil privileges were called civil rights. The transition from teaching "natural rights" to teaching "civil rights" took about 100 years (from the 1850's to the 1950's). During the 1950's the school systems changed the courses named from "Civics" to "American Government." Hardly anyone now is aware of the subject of civics as a school course.

The phrase, "citizens of the United States," is defined in the Constitution for the United States of America, Amendment XIV:

AMENDMENT XIV

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 or immunities of citizens of the United States; nor shall any State 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."

Section 5. "The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article."

STRUCTURE OF AMENDMENT XIV

WHO: All persons

QUALIFICATION:
(A) born or naturalized in the United States, and
(B) subject to the jurisdiction thereof

PURPOSE: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State 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."

ENFORCED BY: The Congress

ENFORCEMENT METHOD: Legislation

QUALITATIVE ANALYSIS OF AMENDMENT XIV

As discussed above, the People are sovereign. The People are not subject to the jurisdiction of the federal government.

Amendment XIV inverts the relationship. One of the qualifications to be a citizen of the United States is that one must be "subject to the jurisdiction thereof." It's important to understand that this is a vectored qualification. In other words, it is possible to be a citizen of the United States without being born or naturalized in the United States or subject to the jurisdiction thereof. But, if you are born or naturalized, and if you are subject to the jurisdiction, then you automatically qualify as a citizen of the United States.

From the point of view of the federal enforcers, the qualifications are not vectored. They reverse-interpret Amendment XIV as saying that if you are a citizen of the United States, then that automatically means you are totally subject to its jurisdiction. This opinion is not shared by the judicial branch. See 14 C.J.S. 426, 430:

The particular meaning of the word "citizen" is frequently dependent on the context in which it is found[25], and the word must always be taken in the sense which best harmonizes with the subject matter in which it is used[26].

"One may be considered a citizen for some purposes and not a citizen for other purposes, as, for instance, for commercial purposes, and not for political purposes[27]. So, a person may be a citizen in the sense that as such he is entitled to the protection of his life, liberty, and property, even though he is not vested with the suffrage or other political rights[28].

"[25] Cal.--Prowd v. Gore, 2 Dist. 207 P. 490. 57 C.A. 458.
[26] Cal.--Prowd v. Gore. 2 Dist. 207 P. 490. 57 C.A. 458.
      La.--Lepenser v Griffin, 83 So. 839, 146 La. 584
      N.Y.--Union Hotel Co. v. Hersee, 79 N.Y. 454
[27] U.S.--The Friendschaft, N.C., 16 U.S. 14, 3 Wheat. 14, 4 L.Ed. 322
      --Murray v. The Charming Betsy, 6 U.S. 64, 2 Cranch 64, 2 L.Ed. 208
      Md.--Risewick v. Davis, 19 Md. 82
      Mass.--Judd v. Lawrence, 1 Cush 531
      R.I.--Greeough v. Tiverton Police Com'rs, 74 A 785, 30 R.I. 212
[28] Mass.--Dillaway v. Burton, 153 N.E. 13, 256 Mass. 568"

In any case, if you fail to object to the government's view of citizenship, then you will most certainly be subjected to the laws of the government. That means no rights, only privileges. To see a list of privileges granted or denied to the citizens (there is no list for the People's natural rights because the People automatically have all rights), see People's rights vs citizen's rights

ONE OF THE PEOPLE OR ONE OF THE CITIZENS?

The first issue to be resolved in any court proceeding is that of jurisdiction. Does the one entity have jurisdiction over the other entity? One should never go into court without a clear understanding as to whether he is there as a citizen, or there as one of the people.

If you claim you are a citizen of the United States, then it is strongly implied (though not necessarily true) that you are subject to the laws of the United States. On the other hand, if you are one of the People, then it is legally implied that you are a legal king, with a sovereignty superior to that of the United States, and subject only to the common law of the other kings (your peers). In short: the People are superior to the government, the government is superior to the citizens. That is the hierarchy.

PEOPLE --> GOVERNMENT --> CITIZENS

As a king you "are entitled to all the rights which formerly belonged to the King by his prerogative." You can do what you want to do when you want to do it. You have your own property and your own courts. The is no limit as to what you may do other than the natural limits of the universe, and the sovereignty of a fellow sovereign. You should treat the other sovereign in accordance with the Golden Rule, and at the very least must never harm him. Your sovereignty stops where the other sovereignty begins. You are one of the owners of the American government, and it is their promise that they will support your sovereignty (i.e. they have promised to support the Constitution and protect it from all enemies). You have no allegiance to anyone. The government, your only [public] servant, has an allegiance to you.

As a citizen, you are only entitled to whatever your sovereign grants to you. You have no rights. If you wish to do something that would be otherwise illegal, you must apply for a license giving you special permission. If there is no license available, and if there is no specific permission granted in the statutes, then you must apply for special permission or a waiver in order to do it. Your only allegiance is to your sovereign (the government), and that allegiance is mandated by your sovereign's law (the government, though not absolutely sovereign, is sovereign relative to you if you claim to be a citizen of the sovereign).

Here is a typical example:

As one of the People you have a right to travel, unrestricted, upon the public highways. You have right to carry guests with you in your automobile. You have a right to own a gun and that right shall not be impaired by your servant, the government. You have a right to a grand jury indictment and a trial by jury, that is a trial directly by the people, not the government.

As one of the citizens, you may not travel by automobile unless you are either a licensed motor vehicle driver, or you are a passenger with permission to be on board. Gun ownership is a privilege subject to definition and regulation. You do not have a right to a jury trial in all cases, and no right to grand jury indictment--a trial is a trial by the government, not the people.


MORE LAW NOTES
HOME
NOTICE: Page posted without prejudice and without liability as public service in the public interest.
Author is not affiliated with Freedom School nor is this an endorsement or recommendation of any presented entity or product.
NOTICE: If anything in this presentation is found to be in error a good faith effort will be made to correct it in timely fashion upon notification.
       Specialty Areas

All the powers in the universe seem to favor the person who has confidence.
Share

More & Other Information - Resource Pages
AntiShyster Magazine Attention Signing the Constitution Away
Aware Belligerent Claimant
Bonds Citizenship / nationality related items
Education Graphics
Health related Admiralty related
Howard Griswold
Jerry Kirk Jurisdiction
Law related items Lee Brobst
Lewis Mohr Luis Ewing
Money Reading Material
Reading Room Stuff
Tax matters Travel related
Video
NOTICE: The information on this page was brought to you by people who paid this website forward so that someone such as you might also profit by having access to it. If you care to do so also please feel encouraged to KEEP THIS SITE GOING by making a donation today. Thank you. Make donation with PayPal - it is fast, free and secure!

Freedom-School is not affiliated with the links on this page - unless otherwise stated.
This enterprise collectively is known and generally presented as "Freedom-School.com" - "we," "us" or "our" are other expressions of Freedom-School.com used throughout. "You" is in reference to the user / visitor.

This is the fine print that so important. Freedom School and other information served is so for educational purposes only, no liability expressed or assumed for use.
The information you obtain at this site is not, nor is it intended to be, legal advice.
Freedom School does not consent to or condone unlawful action.
Freedom School advocates and encourages one and all to adhere to, support and
defend all Law which is particularly applicable.
Information is intended for [those] men and women who are not "US CITIZENS" or "TAXPAYERS" - continued use, reference or citing indicates voluntary and informed compliance. Support is not offered.

Freedom School is a free speech site, non-commercial enterprise and operation as
there is no charge for things presented.
Freedom-School.com site relies on this memorandum and others in support of this philosophy and operation.

The noteworthy failure of [the] government or any alleged agency thereof to at any time rebut anything appearing on this website constitutes a legal admission of the fidelity and accuracy of the materials presented, which are offered in good faith and prepared as such by Freedom School and any and all [third] parties affiliated or otherwise. THIS IS AN ELECTRONIC AGREEMENT AND IS A LEGALLY BINDING CONTRACT, EQUIVALENT TO A SIGNED, WRITTEN CONTRACT BETWEEN PARTIES - If the government, or anyone else, wants to assert that any of the religious and/or political statements appearing on this website are not factual or otherwise in error, then they as the moving party have the burden of proof, and they must responsively meet that burden of proof under the Administrative Procedures Act 5 U.S.C. § 556(d) and under the due process clauses found in the Fifth, Sixth, and Seventh Amendments to the national Constitution BEFORE there will be response to any summons, questions, or unsubstantiated and slanderous accusations. Attempts at calling presented claims "frivolous" without specifically rebutting the particular claim, or claims, deemed "frivolous" will be in deed be "frivolous" and prima facie evidence that shall be used accordingly. Hey guys, if anything on this site is found to be in error a good faith effort will be made to correct it in timely fashion upon notification.

Freedom-School.com is not responsible for content of any linked website or material.
In addition, users may not use Freedom-School.com to engage in, facilitate or further unlawful conduct;
use the service in any way, or manner, that harms us or anyone connected with us or whose work is presented;
damage, disable, overburden, or impair the service (or the network(s) connected to the site)
or interfere with anyone´s use and enjoyment of the website.

All claims to be settled on the land - Austin, Travis county Texas, united States of America, using Texas Common Law.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the Freedom-School.com site. If there exists some manner of thing missing we do not forfeit our right to that thing as
we reserve all rights.
We may assign, or modify, alter, change this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Freedom-School.com site or material contained within.

GOOGLE ANALYTICS: While we do not automatically collect personally identifiable information about you when you visit the Freedom-School.com site, we do collect non-identifying and aggregate information that we use to improve our Web site design and our online presence.
Visitors to this site who have Javascript enabled are tracked using Google Analytics. The type of information that Google Analytics collects about you includes data like: the type of Web browser you are using; the type of operating system you are using; your screen resolution; the version of Flash you may be using; your network location and IP address (this can include geographic data like the country, city and state you are in); your Internet connection speed; the time of your visit to the Freedom-School.com site; the pages you visit on the Freedom-School.com site; the amount of time you spend on each page of the Freedom-School.com site and referring site information. In addition to the reports we receive using Google Analytics data, the data is shared with Google. For more information on Google´s privacy policies, visit: http://www.google.com/privacy/ads/
Here is Google´s description of how Google Analytics works and how you can disable it: "Google Analytics collects information anonymously, and much like examining footprints in sand, it reports website trends without identifying individual visitors. Analytics uses its own cookie to track visitor interactions. The cookie is used to store information, such as what time the current visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. Google Analytics customers can view a variety of reports about how visitors interact with their website so they can improve their website and how people find it. A different cookie is used for each website, and visitors are not tracked across multiple sites. Analytics requires that all websites that use it must update their privacy policy to include a notice that fully discloses the use of Analytics. To disable this type of cookie, some browsers will indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis."

Freedom-School.com site, the DVD issue, microSDHC card issue, or work computers´ DMCA Policy

the Freedom-School.com site, the DVD issue, microSDHC card issue, and/or work computers, make effort to be in compliance with 17 U.S.C. § 512 and the Digital Millennium Copyright Act ("DMCA"). It is our policy to respond to any infringement notices and take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.

If your copyrighted material has been posted on the Freedom-School.com site, the DVD issue, microSDHC card issue, or work computers, in other than fair use capacity or if links to your copyrighted material are returned through our search engine and you want the material removed, you must provide a written communication that details the information listed in the following section. Please be aware that you will be liable for damages (including costs and attorneys´ fees) if you misrepresent information listed on the site that is allegedly infringing on your alleged copyrights. We suggest that you may want to first contact competent legal assistance on this matter.

The following elements must be included in your copyright infringement claim:

* Provide evidence of the authorized person to act on behalf of the fully disclosed alleged owner of an exclusive right that is allegedly infringed. Please notice that we generally do not deal with third parties.
* Provide sufficient contact information so that we may contact you. You must also include a valid email address.
* You must identify in sufficient detail the copyrighted work claimed to have been infringed and including at least one search term under which the material appears in Freedom-School.com search results.
* A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
* A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
* Must be signed by the authorized person to act on behalf of the owner of an exclusive right that is allegedly being infringed. (Proper ratification of commencement.)


Send the infringement notice via email to the postmaster at Freedom-School.com

Please allow 1-3 business days for an email response. Note that emailing your complaint to other parties such as our Internet Service Provider (ISP) or server host(s) will not expedite your request and may result in a delayed response due the complaint not being properly being filed.


Presentation Copyright© 2003, 2020
All Rights Reserved

H O M E

Valid HTML 4.01 Transitional        Valid CSS!