UNITED STATES V: UNITED STATES OF AMERICA
Dear Friends,
For an entity to become a corporation under federal law, there must be an Act of Congress creating that
corporation.
There are no Acts of Congress expressly incorporating either the "United States" or the "United States of America".
In 1871 Congress did expressly incorporate the District of Columbia, but D.C. and the "United States" are not one and the same. In that Act of 1871, Congress also expressly extended the U.S. Constitution into D.C.: http://www.supremelaw.org/cc/gilberts/intentm3.filed.htm#1871
In United States v. Cooper Corporation, 312 U.S. 600 (1941),
the Supreme Court wrote: http://caselaw.findlaw.com/us-supreme-court/312/600.html
"We may say in passing that the argument that the United States may be treated as a corporation organized under its own laws, that is, under the Constitution as the fundamental law, seems so strained as not to merit serious consideration."
Some of the confusion rampant on this subject may have originated in the definition of "UNITED STATES OF
AMERICA" in Bouvier's Law Dictionary
here: http://www.supremelaw.org/ref/dict/bldu1.htm#union
See Paragraph 5 quoted here:
"5. The United States of America are a corporation endowed with the capacity to sue and be sued, to convey and receive property. 1 Marsh. Dec. 177, 181. But it is proper to observe that no suit can be brought against the United States without authority of law."
Note that the plural verb "are" was used, providing further evidence that the "United States of America" are plural, as implied by the plural term "States". Also, the author of that definition switches to "United States" in the second sentence. This only adds to the confusion, because the term "United States" has three (3) different legal meanings: http://www.supremelaw.org/decs/hooven/hooven.htm#united.states
However, the decision cited above is Justice Marshall issuing dictum, and it is NOT an Act of Congress. Here, again, be very wary of courts attempting to "legislate" in the absence of a proper Act of Congress. See 1 U.S.C. 101 for the statute defining the required enacting clause: http://www.law.cornell.edu/uscode/1/101.html
And, pay attention to what was said in that definition here: "no suit can be brought against the United States without authority of law".
That statement is not only correct; it also provides another important clue:
Congress has conferred legal standing on the "United States" to sue and be sued at 28 U.S.C. 1345 and 1346,
respectively: http://www.law.cornell.edu/uscode/28/1345.html
http://www.law.cornell.edu/uscode/28/1346.html
Congress has NOT conferred comparable legal standing upon the "United States of America" to sue, or be sued, as such.
Furthermore, under the Articles of Confederation, the term "United States of America" is the "stile" or phrase that was used to describe the Union formed legally by those Articles:
Articles of Confederation and perpetual Union between the States of New Hampshire, Massachusetts bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia.
Article I. The Stile of this Confederacy shall be " The United States of America ."
Article II. Each state retains its sovereignty, freedom, and independence, and every
power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in
Congress assembled.”
[end excerpt]
When they came together the first time to form a Union of several (plural) States, they decided to call themselves the "United States of America".
Note also that those Articles clearly distinguished "United States of America" from "United States" in Congress assembled. The States formally delegated certain powers to the federal government, which is clearly identified in those Articles as the "United States".
Therefore, the "United States of America" now refer to the 50 States of the Union, and the term "United States" refers to the federal government.
The term "United States" is the term that is used consistently now throughout Title 28 to refer to the
federal government domiciled in D.C. There is only ONE PLACE in all of Title 28 where the term "United States of
America" is used, and there it is used in correct contradistinction to "United States":
http://www.law.cornell.edu/uscode/28/1746.html
Because Title 28 contains statutes which govern all federal courts, the consistent use of "United States" to refer to the federal government carries enormous weight. Title 28 is the latest word on this subject, as revised, codified and enacted into positive law on June 25, 1948. Moreover, the Supremacy Clause elevates Title 28 to the status of supreme Law of the Land.
To make matters worse and to propagate more confusion, the entity "UNITED STATES OF AMERICA"
incorporated twice in the State of Delaware:
http://www.supremelaw.org/cc/usa.inc
http://www.supremelaw.org/cc/usa.corp
The main problem that arises from these questions is that United States Attorneys are now filing lawsuits
and prosecuting criminal INDICTMENTS in the name of the "UNITED STATES OF AMERICA" [sic] but without
any powers of attorney to do so.
Compare 28 U.S.C. 547
(which confers powers of attorney to represent the "United States" and its agencies in federal courts):
http://www.law.cornell.edu/uscode/28/547.html
They are NOT "United States of America Attorneys", OK?
First of all, they do NOT have any powers of attorney to represent Delaware corporations in federal courts; Congress never appropriated funds for them to do so and Congress never conferred any powers of attorney on them to do so either.
Secondly, the 50 States are already adequately represented by their respective State Attorneys General; therefore, U.S. Attorneys have no powers of attorney to represent any of the 50 States of the Union, or any of their agencies, either.
They are "U.S. Attorneys" NOT "U.S.A. Attorneys", OK?
Accordingly, it is willful misrepresentation for any U.S. Attorney to attempt to appear in any State or federal
court on behalf of the "UNITED STATES OF AMERICA" [sic].
And, such misrepresentation is actionable under the McDade Act at 28 U.S.C.
530B: http://www.law.cornell.edu/uscode/28/530B.html
There are quite a few "activists" running around the Internet claiming that the "United States" and the "United States of America" are both corporations. These claims are not correct, for the reasons already stated above.
A similar error occurs when these so-called “activists” cite the federal statute at 28 U.S.C. 3002
as their only “proof” that the “United States” was incorporated by Congress.
Here’s the pertinent text of that statute: http://www.law.cornell.edu/uscode/28/3002.html
As used in this chapter:
...
(15) "United States" means
(A) a Federal corporation;
(B) an agency, department, commission, board, or
other entity of the United States; or
(C) an instrumentality of the United States.
[end excerpt]
First of all, note well that the stated scope of this definition is limited to “this chapter” i.e. CHAPTER 176 of Title 28 – Federal Debt Collection Procedures. Overlooking the limited scope of such definitions is a very common error among many, if not all self-styled experts. At best, this section cannot be used as evidence that the federal government should be treated as a valid corporation for all other intents and purposes. It takes a LOT more text than this one limited definition to create any federal corporation! Compare the original Statutes at Large that created the Union Pacific Railroad Company, for example.
Secondly, from the evidence above it should already be clear that the “United States” (federal government) is not now, and never has been, a federal corporation. The statute at 28 U.S.C. 3002 merely defines the term “United States” to embrace all existing federal corporations. Because the United States was not an existing corporation when Congress enacted section 3002, that statute did not create and could not have created the United States as a federal corporation in the first instance.
Thirdly, in Eisner v. Macomber the U.S. Supreme Court told Congress that it was barred from re-defining any terms that are used in the federal Constitution. “United States” occurs in several places, because it is central to the entire purpose of that Constitution. Therefore, the legislative attempt to re-define “United States” at section 3002 is necessarily unconstitutional, because it violates the Eisner Prohibition.
Fourthly, section 3002 also exhibits 2 subtle tautologies, which render it null and void for vagueness. Here they are, in case you missed them:
“United States” means … an agency, department, commission,
board , or other entity of the United States;
or “United States” means … an instrumentality of the United States.
It is a fundamental violation of proper English grammar to use the term being defined in any definition of that term, and such a violation has clearly happened here. If you don’t yet recognize the tautologies, then change one part of this definition to read:
The term “United States” here also embraces any instrumentality of the federal government.
At the very least, this minor change eliminates the tautology and removes the vagueness. Nevertheless, such an attempt to re-define the term “United States” still violates the Eisner Prohibition.
For a newspaper-level Press Release which further explores some of the many legal ramifications of these
widespread errors,
please see this Internet URL: http://www.supremelaw.org/press/rels/cracking.title.28.htm
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, Criminal Investigator and
Federal Witness: 18 U.S.C. 1510, 1512 -13, 1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
http://www.supremelaw.org/index.htm
http://www.supremelaw.org/support.policy.htm
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