A DOSE OF REALITY FOR THE ILLUSIONAL WHO RESIDE IN THE SPIRIT OF THE CONSTITUTION AS OPPOSED TO THOSE WHO DEMAND THE LETTER AND STRICT MEANING OF THE CONSTITUTION
I have received e-mails from people that are beginners at trying to be free from the ever increasing government intrusion into their lives that do not begin to comprehend what they are involved with. I have been at this game for more than four decades and I can tell you that it is impossible to defeat the government while being a 14th amendment citizen and that includes being eligible for the government benefits. The reason being 14th amendment citizens are confined to legislative courts enforcing administrative law under the U.S. Constitution because they are bankrupt because of HJR 192 in 1933. There are hundreds if not thousands of websites that lead people to believe otherwise that government can be defeated by following their advice. The problem that arises, those people are not defeating government on issues of law in Article III courts, but on issues of fact as outlined below. I understand that there are some people that have their heart in the right place but, in dealing with the law it’s not a case of the heart being in the right place; it’s a matter of having your mind focused on the difference between private and public law, otherwise there is nothing that does anybody anything but just more confusion. The powers that be love the confusion, the more the better.
Not only are those people behind all those websites clueless, their ramblings say nothing that are connected to anything. One thing for certain, they are getting a lot of people in trouble that are following such garbage. See http://www.justice. gov/tax/txdv09190.htm, and http://www.justice.gov/tax/WAble_Complaint.pdf . Unfortunately, people want a quick easy fix, thus becoming victims of their own illusions. The answer to being free is not simple and easy, it’s a very complicated learning and application process that I find most people are not prepared for, nor do they want to prepare themselves for the process. Their attitude, it sounds good, and looks good, so they get in line by the hundreds to pay a scam artist, $1000, to file a UCC 1 form that is meant for financial institutions, and not for citizens, but still the unsuspecting beg to fill in the blanks that make those clueless full of absolute garbage websites so appealing? Then there is the problem that those who are filling out the blanks with their right hand, have their left out for government benefits. Those websites are dealing with issues of fact that offer no solutions under the unincorporated association or private side of government; and not issues of “law” under the incorporated public side of government. The issues must be of “law” that deals directly with the U.S. Constitution with its Article III courts. Anything short of that means that person will never be free, and the consequences will be constant battles for the rest of your life with, local government that is broke, state government that is broke, and federal 1 government that is broke that will be consuming all your time and resources. That time and resources must be used in preparing for the future when you can’t work, that is, if a person wants to become a sovereign citizen and not depend on the government. Even then, the people who are beneficiaries of the public debt must take notice that the government is providing less and less benefits. See Lynch v US In other words, the government wants to write people off when they hit 65 years of age. See Retirement Alert:The Government Has Plans for Your 401(k) and IRA and Top Republican: Raise Social Security's retirement age to 70 In simple terms, they want you to die.
The patriot movement, for the lack of a better term, does nothing to prepare people for the future and how to take care of themselves. Instead they have people running around treating symptoms and not causes. Believe me, one way or another, the government will get its compelled performance when you deal with issues of fact in the unincorporated private government. The social security number with its public debt is still attached to those peoples’ estate who deals with issues of fact. In the end, those people will have nothing to live on and will have to resort to living in the streets, panhandling. See http://mises.org/daily/1275That is the reality of it and not the illusionary world the patriots live in. I personally believe that the people behind those websites have gotten themselves into trouble with the various governments because their theories did not work for themselves resulting in huge penalties and interest owed in taxes. They knew they couldn’t go out in the work place and get a job, because the government would take most of what they made. In order to circumvent that problem, they started up those websites to make a living because the government couldn’t tax them. These people know the garbage they push doesn’t work, and they refuse to change. Why should they, there is a sucker born every minute as P.T. Barnum used to say.
Then there is the BIG FAT LIE the clueless idiots are pushing that it’s the PUBLIC corporate United States that is destroying the nation. The PUBLIC corporate United States under Article IV Sec. 3 cl.1 is incapable of destroying the nation. The truth of the matter is in fact and in law that it is the PRIVATE unincorporated association under Article IV Sec. 3 cl.2 of the U.S. Constitution that is destroying 14th amendment citizens. If what they say is true, there are over 27,000 U.S. Supreme Court decisions that are absolutely wrong; probably 3 million state court decisions that are absolutely wrong; 1 million federal district court and federal circuit court decisions that are wrong. Our whole government structure is wrong. The ancient laws of the past are wrong. It’s pure insanity to think that way, but then that is the patriot movement that is being manipulated by a few insiders. There is well established law that proves that statement. What the government is doing is giving the so called patriots enough rope to hang themselves by letting the penalty and interest build, and then the government will lower the boom and reduce those people to nothing but an existence along with constant harassment. To the government, the patriot community is a growth industry, rightly so, and it amazes me that people can’t see what is going on.
The only way a person is going to be absolutely free of the almost here dictatorship is to be free of 14th amendment citizenship along with being a beneficiary to the public debt which is difficult to achieve. Nobody can do it for you, you must learn the law and procedure yourself. The final test of being free is the person must have a piece of land that is away from the big cities, that you can grow food upon, in addition to providing housing. That landed real property must be free of all debts, compelled performance, and all taxes, and that can only be accomplished with issues of the “law” under the incorporated side of government; not issues of fact under the unincorporated side of government. When that is accomplished, that person will have access to their allodial land title.2 If a person cannot lay claim to his or her allodial land title, which they must have in order to be free, they have nothing but a feudal rent a life 3 in performance to local, state, and federal governments that are bankrupt, that is becoming more oppressive every day. Everything, and I do mean everything, regardless of how a person views it boils down to, WHO EVER CONTROLS THE LAND CONTROLS THE PEOPLESee http: //foodfreedom.wordpress.com/2010/04/24/s-510-is-hissing-in-the-grass/ No ifs ands or buts. Food is going to be the future gold. This is a little off the subject, but you are going to see the day when all those pristine lawns are going to be plowed up to plant food crops. Then there is the question whether the food is going to be worth anything after years of dumping very toxic chemicals on the land just so we can satisfy our illusions of something soothing to the eye. No wonder sickness has turned into a growth industry to satisfy select corporations such as the pharmaceutical and chemical corporations that are part of the one world quasi corporate monolith. What the people are doing to themselves is absolute insanity.
Everywhere one looks on the internet one finds the BIG FAT LIE that is getting totally out of hand and must be challenged. These people are not solving anything; instead they are creating the environment for a national sales tax that will be in addition to the income tax, just like they have in Great Britain. If the gurus on the internet cannot defeat income taxes, how can they defeat a national sales tax? There are so many issues that must be solved in an effort to be free however, under the present environment of the clueless idiot patriot website community, that effort is impossible to be accomplished. . A very serious question a person must ask him/her self is what you are going to do when you can’t take care of yourself, for whatever reason, when you are spending all your money defending yourself from the unincorporated association called government as noted above. There is only one answer, and that is an Article III judgment based upon issues of “law” as it relates directly to the U.S. Constitution that can be used against every intrusion of government, local, state, and federal. In other words, that decision becomes res judicata, and that person is now a sovereign citizen. In my studies, I have found that there is only going to be about 3% of the people that are going to be free sovereigns. I used to scoff at that 3% however, experience has shown me that percentage has merit. Sometimes I question if it’s not lower than that.
President Obama made the statement in his “State of the Union Address” on Wednesday, January 27, 2010, that if Congress doesn’t give him what he wants, that he, Obama will issue Executive Orders to accomplish his goals. There you have it. The president is setting up a dictatorship based upon the fact that the American people as 14th amendment citizens have created such enormous debt, both public and private, that is either directly or indirectly, tied into the public trust, or if you will, the private unincorporated association where you do not have absolute title to your estate.
Then there is the issue that President Obama was not born a citizen of the United States. The truth of the matter, there is no proof that he was born in the United States, therefore, he is not President of the corporate United States of America, nor did he give a “State of the Union Address” on January 27, 2010. His speech was given as the soon to be dictator of the United States. The speech is to be considered a “State of the Federation Address” that 14th amendment citizens as members of a private unincorporated association under private international law have voted to put him in as president of their private debtor/creditor association. Said association operates outside the separation of powers doctrine of the Constitution of United States. That very separation of powers doctrine that is the heart and soul of the corporate United States; and not the absolute garbage the patriots are pushing that the corporate United States is the enemy. Those so called patriots are absolutely clueless as to what is going on. Is it any wonder that there has never been any court wins based upon issues of law that is based upon the direct application of the U.S. Constitution, except for one case.
As I see it, by the end of the Obama administration, President Obama will have signed so many executive orders as to eliminate Congress on important issues. Those executive orders will become precedent that cannot be overturned by a future president, because Obama was elected as a foreign citizen president; as such, he is not bound by the separation of powers doctrine of the U.S. Constitution. The precedent has already been set and future presidents will not have the power to overturn the fatal damage that has already has been done. Change is what 14th amendment citizens voted for, but the people failed to ask Obama what change was he talking about? Change to a dictatorship is exactly what Obama had in mind when he ran for president. After all, his background training in whatever form you want to call it, whether Communism, Fascism and the likes thereof, had him well prepared for that position as the start of a dictatorship. All executive orders must be published in the Federal Register, then, they become law.
The nation of 14th amendment citizens is in the final stages of the bankruptcy where there is not going to be any government, only computer programs that will direct their subjects how and where to perform. Failure to perform will feed those 14th amendment citizens into the cattle chute that the only question asked, are you going to perform? If not, off to the internment camps you go that are scattered all over the country. Due process notwithstanding. In other words, under a computerized dictatorship, there is no separation of powers; the dictator becomes the judge, jury, and the executer, the very definition of a dictatorship. If you think it can’t happen here you had better open your eyes, and ears, because it’s already here right out of Obama’s own mouth on January 27, 2010 and now with the National Health Care Act of March 23, 2010. See http://www.house. gov/apps/list/press/tx08_brady/pr_100728_hc_chart.html.
The only way out of such government tyranny is to trash the status of the 14th amendment and revoke the power behind the social security number, along with being a beneficiary to the public debt, and that includes destroying checking accounts and credit cards. The question arises, are you ready to take that giant step to take care of yourself without the help of government? The remedy is there however, you will never find it on the internet from people who are clueless, and I do mean clueless as to what United States of America and the Constitution is all about, simply because they do not know the difference between private and public law.
I hope this gives you an insight as to what you are facing. It is something you must take very seriously. I have seen people being consumed by the thousands, the latest being Ed and Elaine Brown, Peter Hendrickson, Lindsey Springer, and the list will grow to include future names that already have or will get themselves involved way over their heads fighting government by following bad advice or misinterpreting what they think is law. Their failings will be caused by the fact that they do not know the difference between private and public law. How many patriot websites tell you the income tax runs directly through the Social Security Act of August 1935, and not directly through the Internal Revenue Code? See Social Security Act Title VIII. Direct application of the IRC is for those who have corporate stock and the likes thereof. The tax is on unearned income and rightfully so. See Social Security letter at end of article.
" The court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits" Great Falls MFG v Attorney General 124 US 581. (1888) Quoted in Ashwander v. T.V.A. 297 US 288, 348, 349. (1936).
Those people in prison can release themselves any time they are ready however, they must rid themselves of all their illusions the way they think things are, or the way they think things should be. It will not be an easy learning process, especially after they have brained washed themselves with the absolute and complete garbage they have instilled in their minds.
HJR 192 created the public trust whereby all of the peoples’ religious beliefs are mixed up in the law that the courts term the spirit of the law. The minute you signed any government form with your social security number, you have exercised your contract rights to bring a third party into your life. Said contract rights are launched from the state level whereby you have pledged your entire estate to the public charitable trust. That said trust is an unincorporated association that operates outside the corporate United States and its Constitution with its delegation of powers. The Social Security Administration is located in Baltimore Maryland, and not Washington D.C. With that in mind, how can the corporate United States be the enemy of the people? The answer, it’s impossible. The clueless idiots behind those patriot websites take bits and pieces of the law that they know nothing about, and throw those bits and pieces into a hodge-podge conglomeration of public and private law that is impossible for success. All this is evidenced by the fact that they quote court decisions and statutes that are totally out of context that are nothing more than disconnected ramblings; that have no flow to anything in the law but the illusions of their mind of the way they think things are, or the way they think things should be. The real test is, try and apply that website garbage in the courts and see what happens. When the premise is wrong, everything is wrong. Their excuse is the courts are corrupt or the Constitution is a bunch of garbage. Is it any wonder the judges go ballistic and apply sanctions and fines and even prison terms with the so called patriot garbage that is poured into the courts? How can you sue yourself? What follows is an example.
From the Social Security Act of August, 1935 to wit : TITLE XI- GENERAL PROVISIONS
DEFINITIONS
SECTION 1101. (a) When used in this Act- (1) The term State (except when used in section 531) includes Alaska, Hawaii, and the District of Columbia. (2) The term United States when used in a [geographical sense means the States, Alaska, Hawaii, and the District of Columbia. Geographical sense; as opposed to a territorial sense]. Bold underline added.
(3) The term person means an individual, a trust or estate, a partnership, or a corporation. (4) The term corporation includes associations, joint-stock companies, and insurance companies. (5) The term shareholder includes a member in an association, joint- stock company, or insurance company. (6) The term employee includes an officer of a corporation.
Title 15 USC Trade and Commerce, Chap. 41, Section 1602 in part to wit: [bold emphasis added. There is no enacting clause.]
(c) The term ''organization'' means a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association.
(d) The term ''person'' means a natural person or an organization . (e) The term ''credit'' means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment. [Bold emphasis added]
26 USC Sec. 7701 Definitions:
(a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof—
(1) Person
The term “person” shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation. [Bold emphasis added]
An “unincorporated association” is not a “legal entity” but is more in nature of “partnership”, Sperry Products v. Association of American Railroads, D.C.N.Y., 44F.Supp. 660, 662. [Bold emphasis added]
An unincorporated association is merely a body of individuals acting together, without a corporate charter, but upon methods and forms used by incorporated bodies, for prosecution of some common enterprise. Stafford v. Wood 68 S.E.2d 268, 270.
As regards unincorporated associations, 14th amendment citizens, and land titles.
“An unincorporated association at common law is not a legal person, has not the capacity to receive title to property, . . . “ Restatement, Trusts, Second §§ 89-100. LAW OF TRUSTS, 5th ed. by Bogart at p. 90 (1973). [underline added].
Here is the privilege of limited liability for the payment of debt. Each person that uses the credit of the banks agrees never to demand payment from each other. In other words, just perform to each other in a communal fashion. The minute you sign a check, you have exercised a privilege of limited liability for the payment of debt in private law however, having said that, the public law does provide a remedy.
The following Federal Debt Collection Procedure Act only pertains to those who have reached into the corporate United States for a physical franchise to do certain things for the United States.4 Those physical franchises are issued either out of the Secretary of State’s Office or the Dept. of the Interior in “the incorporated territory” (public law) of Washington D.C.; and not “a territory” that is unincorporated (private law) of Baltimore Maryland. In fact and in law, there are no physical franchises issued out of the Social Security Administration in Baltimore Maryland that by law is considered “a territory”. For more information, see, “ARE YOU SUBJECT TO” at www.truthinlaw.net
TITLE 28 > PART VI > CHAPTER 176 > SUBCHAPTER A > § 3002 The Federal Debt Collection Procedure Act is a United States federal law passed in 1990, affecting money owed to the United States government. [Notice it says money, not debt and credit.] 7 § 3002. Definitions
(15) “United States” means—
(A) a Federal corporation;
You must have a statute for whatever it is you want to do when dealing with government, otherwise you have no cause of action, either defensively or offensively. That statute must be public law; not private law. Otherwise you have nothing. The Foreign Sovereign Immunities Act (FSIA) 28 USC 1602-1611 is public law to be applied in state courts by a person that is not a beneficiary to the public debt. The reason being, the states are restrained by the 14th amendment whereas; the federal courts are not. In other words, the non 14th amendment person must stay away from the federal courts. There are no mechanical answers. Everyone’s situation is different and each individual must craft his case to fit his or her situation. The answers will shock you once you understand what you’re looking for, because the answers are before your very eyes. It has taken me four decades to discover that the FSIA is the answer in conjunction with not being a beneficiary to Social Security. You must also educate yourself with your states’ rules and statutes. Your freedoms run directly through the state courts because that is where your contract rights lie. Reading all those absolute clueless idiot websites is like reading alphabet soup; they have absolutely nothing to do with anything but real trouble and failure, after failure, after failure.
Mr. Justice Holmes' statement that there is no "transcendental body of law outside of any particular State but obligatory within it unless and until changed by statute" was made with reference to "matters that are not governed by any law of the United States or by any statute of the State," Black & White Taxicab Co. v. Brown & Yellow Taxicab Co., 276 U.S. 518 (1928). Erie Railroad v. Tompkins 304 US 64 (1938), reaffirmed Black & White Taxicab Co. v. Brown & Yellow Taxicab Co. Justice Holmes was talking about public law and not private law because the nation was solvent prior to HJR 192, 48 Stat. 113, (1933), where public law was public policy. Erie RR affirmed that the public law still remains despite Erie‟s ruling that private law has now become public policy. HJR 192 says “Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,” (is not an enacting clause. . Being insolvent (bankrupt) is a voluntary act upon the individual who agrees with the bankruptcy. In other words, HJR 192 is an illusion in the mind that you believe that private law supersedes public law. HJR 192 contains no charter of incorporation that states what the duties and obligations are. It has no standing for those who want to face the reality of the law. HJR 192 represents a private unincorporated association that operates outside the Constitution. In other words, HJR 192 created a federation of inchoate states that operate outside the Union of states. Congress has no power to amend the Constitution in order to create new states outside the delegation of authority of Article IV Sec. 3 cl.1. The end result is the people stood back and did nothing. It’s the people who are violating the Constitution and NOT THE CORPORATE UNITED STATES!!!
Jurisdiction of the court extends by the letter of the U.S. Constitution. Those who would withdraw any case from that description must sustain the exemption they claim on the spirit and true meaning of the Constitution, and that spirit and true meaning must be so apparent as to override the words which the framers have employed. Cohens v. Virginia, 19 U.S. 264 (1821). [Bold emphasis added. This case is being quoted by the courts today.]
The Cohens case was decided in an Article III court in conjunction with Article IV Sec. 3 cl.1. Here is a perfect example of how the law was in the above noted time frame when the nation had public money for private debt; as opposed to today’s private money for public debt. Public policy changed in 1933 with the advent of HJR 192, and now the complete opposite is true. In other words, what was the letter and strict meaning of the Constitution has been replaced with the spirit and true meaning as determined by Congress under Article I Section 8 cls., 3 and 9, in conjunction with Article IV Sec. 3 cl.2. As a beneficiary of the public trust under Article IV Sec. 3 cl.2, the Congress stands between you, and the letter and strict meaning of the Constitution. See Obama releases guidance on acceptable stimulus spending
Our Constitution represents the law of a public incorporated association, the Constitution being the Charter of that public incorporated association. Former Chief Justice John Marshall in United States v. Maurice (U.S.) 26 Fed Cas. 1211, stated, at page 1216:
“The United States is a government, and consequently a body politic and corporate, capable of attaining the objects for which it was created by the means which are necessary for their attainment. This great corporation was ordained and established by the American people, and endowed by them with great powers, for important purposes.” Quoted In re Merriam‟s Estate, 36 N.E. 505, 506, 141 N.Y. 479.
In addition to basing the power of Congress on this provision of the Constitution, it was Marshall, in McCulloch v. Maryland, 4 Wheat (US) 316, 411, 4 L. ed. 59, (1816) who said:
“The power of creating a corporation, though appertaining to sovereignty, is not, like the power of making war, or levying taxes, or of regulating commerce, a great substantive and independent power which cannot be implied as incidental to other powers, or used as a means of executing them. It is never the end for which other powers are exercised, but a means by which other objects are accomplished.” Quoted in Luxton v. North River Bridge Co., 153 US 525, 529, 38 L ed. 808. 14 S Ct 891, upholding a Congressional corporation of a bridge company to build a bridge over the North River between New York and New Jersey.
Here is the plain and simple truth. The corporate United States cannot create independent or implied powers and form a means of executing them.
The American People created the public National corporation; the public National corporation did not create the people. As the Preamble says: “We the People in Order to form a more perfect Union … .” establish public money for the “payment” of private debt as per the National Coinage Act of April 2, 1792 at Statute I United States Statutes at Large Chap. XVI Section I. “Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled, and it is hereby enacted and declared, . . .”
"In this connection, the peculiar language of the territorial clause, article 4, Sec. 3, cl. 2, of the Constitution, should be noted. By that clause Congress is given power 'to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.' Literally, the word 'territory,' as there used, signifies property, since the language is not 'territory or property,' but 'territory or other property.' There thus arises an evident difference between the words 'the territory' and 'a territory' of the United States. The former merely designates a particular part or parts of the earth's surface-the imperially extensive real estate holdings of the nation; the latter is a governmental subdivision which happened to be called a 'territory,' but which quite as well could have been called a 'colony' or a 'province.' 'The Territories,' it was said in First National Bank v. County of Yankton,101 US 129, 133, 'are but political subdivisions of the outlying dominion of the United States.” O'Donoghue v. United States 289 US 516, 537, (1933). [underline added]
“In the District clause, unlike the territorial clause, there is no mere linking of the legislative processes to the disposal and regulation of the public domain- the landed estates of the sovereign-within which transitory governments to tide over the periods of pupilage may be con-[289 US 516, 539] stituted, but an unqualified grant of permanent legislative power over a selected area set apart for the enduring purposes of the general government, to which the administration of purely local affairs is obviously subordinate and incidental. The District is not an 'ephemeral' subdivision of the 'outlying dominion of the United States,' but the capital-the very heart-of the Union itself, to be maintained as the 'permanent' abiding place of all its supreme departments, and within which the immense powers of the general government were destined to be exercised for the great and expanding population of forty-eight states, and for a future immeasurable beyond the prophetic vision of those who designed and created it.” O'Donoghue v. United States 289 US 516, 539, (1933). [bold underline added]
The court is talking about the Union of states under the common law that created the 10 mile square area called Washington D. C. and NOT the FEDERATED states under the civil law as it applies to 14th amendment citizens that are beneficiaries to the public debt that reside in “a territory” called Baltimore Maryland. Despite the BIG FAT LIE, by the clueless idiots, the UNION of states are PERMANENT and still there for those who qualify. Take notice that the O‟Donoghue case was decided May 29, 1933, after March 6th and 9th 1933; and HJR 192 was decided on June 5, 1933. There was a reason for that, and that is, the court wanted to firmly establish that the public law was to remain supreme despite what was to happen with HJR 192.
People scream; show me the law that says I owe income taxes. The above answers that question, there is none. The law is an illusion in the mind of the people when they signed any government forms without knowing what they were signing, and should have put terms and conditions on the form. The government sees a private unilateral contract you signed without any terms and conditions, thus the government presumes you intended to create a trust, so that is what the government did, put you in a public trust. There are no provisions in the public law for the people who live in the Union of the states to pay income taxes to the corporate United States. That liability and compulsion does not exist. In other words, you became a law breaker when you signed those government forms without the proper terms and conditions. That is why you can’t take the Constitution into the court room.
It’s an illusion on your part because you failed to face reality and agreed to or believed in what Congress did by invoking HJR 192. The result of HJR 192 is called “by operation of law.”5 Ignorance as to the consequence of the law is no excuse. When a person awakens from his/her illusions that it was not their intent to join the public trust outside the Constitution, there is a remedy to resolve that problem. Remember, as long as you believe in the illusion of the law, the government will enforce your belief because the government presumed you wanted to join the public charitable trust. You used your contract rights to sign something that you should have known what you were signing and the manner in which you signed the form or forms. [§§568-570] from Gilbert’s Law of Outlining by Emanuel (1999) See also West Nutshell Series on contracts.
§ 163. Intended Beneficiaries in Special Situations: Government Contracts and Assumption of Secured Indebtedness.
Third party beneficiaries can be found to have acquired enforceable rights in situations in which the presence of third party interests is not readily apparent. Anytime a contract will have the effect of producing a direct benefit for certain individuals or for a class of people, it is necessary to analyze the
§ 163 THIRD PARTY BENEFICIARIES 351
question whether the promisee intended that these persons have enforceable rights.
There are many types of contracts that are made between government agencies and private parties or other governmental units for the primary purpose of benefiting a class of citizens.
From Emanuel Law Outlines: Contracts, 1993-94 edition, p. 112
Now can the Service/government collect when you sign a Wage Withholding Certificate and give it to the employer even though the Service/government is not a party to the agreement between you and your employer to withhold? This area of contract law is called “third party beneficiaries” and the answer is yes: [Bold underline emphasis added]
Emanuel, supra, at 324.
The third party beneficiary chapter goes on to show how the common law rule was that a third party beneficiary could not recover on the contract, but that this rule has been generally abrogated if one is the intended beneficiary. From Gilberts Law § 52 Contracts
“Cases decided under English common law as well as early American cases denied enforcement by third parties because they were persons “from whom no consideration 11 flowed” or because there was no “mutuality of obligation.” However, with the general recognition in the United States of enforceable rights in third party beneficiaries, the notion that the plaintiff had to incur some legal detriment as part of the bargained ex-change has been rejected”. [HJR 192 is what is behind Gilbert’ s Law of Outlining. There is no separation of powers in the public charitable trust.]
Quasi contract. Legal fiction invented by common law courts to permit recovery by contractual remedy in cases where, in fact, there is no contract, but where circumstances are such that justice warrants a recovery as though there had been a promise. It is not based on intention or consent of the parties, but is founded on considerations of justice and equity, and on doctrine of unjust enrichment. It is not in fact a contract, but an obligation which the law creates in absence of any agreement, when and because the acts of the parties or others have placed in the possession of one person money, or its equivalent, under such circumstances that in equity and good conscience he ought not to retain it. It is what was formerly known as the contract implied in law; it has no reference to the intentions or expressions of the parties. The obligation is imposed despite, and frequently in frustration of their intention. See also Constructive contract. Black‟s Law Dict. 5ed p. 1120.
In the civil law, a contractual relation arising out of transactions between the parties which give them mutual rights and obligations, but do not involve a specific and express convention or agreement between them. The lawful and purely voluntary acts of a man, from which there results any obligation whatever to a third person, and sometimes a reciprocal obligation between the parties. Civ. Code La. art. 2293. Black‟s Law Dict. 5th Ed. p. 293. See also. Equity and the Constitution, Chapter Four, Joseph Story’s Science of Equity, and the two types of equity, natural equity and civil; equity. There is a difference.
For more information see, “ARE YOU SUBJECT TO www.truthinlaw.net There are consequences when you deal with private law because there are third parties involved, especially when you deal with the public debt. It’s either being a slave or being free, you hold the answer in your mind as to your status. YOU CANNOT STRADDLE THE FENCE.
As the Court stated in The Propeller Genesee Chief: The law … contains no regulations of commerce. … It merely confers a new jurisdiction on the district courts; and this is its only object and purpose. … It is evident…that Congress, in passing [the law], did not intend to exercise their power to regulate commerce. … The statutes do no more than grant jurisdiction over a particular class of cases. 12 How. at 451-452 [Bold emphasis added]. Verlinden v. Bank of Nigeria. 461 U.S. 496 (1983). [Particular class of cases includes beneficiaries to the public charitable trust. Social Security comes under the Commerce Clause of Article I Sec. 8 cl.3 of the U.S. Constitution.]
Erie RR changed public policy of the Swift v. Tyson 16 Peters 1, (1842-1938) era from the letter and strict meaning of the Constitution; to equity with its spirit and true meaning of the Constitution as determined by the trustees called Congress, i.e., HJR 192. The FSIA replaces the general federal common law under the era of Swift v. Tyson that can be enforced in the state courts only by those who qualify.
Spirit of the law—the general meaning and purpose of the law as opposed to its literal content. Compare letter of the law. Black‟s Law Dict. 8th ed. P. 1437.
Letter of the law—the strictly literal meaning of the law, rather than the intention policy behind it. Black‟s Law Dict. 8th ed. P. 924.
The following is more examples of tax issues being misapplied by clueless patriots concerning court rulings and statutes in the improper venue.
In Fina Supply, Inc. v. Abilene Nat. Bank, 726 S.W.2d 537, 1987 it says “Party having superior knowledge who takes advantage of another's ignorance of the law to deceive him by studied concealment or misrepresentation can be held responsible for that conduct.”
This is a case involving corporations under Article III of the Constitution. This case has no play involving 14th amendment citizens who come under Article I courts and diversity of citizenship.
“In the federal courts, it is well established that a national bank has no power to lend its credit to another by becoming surety, indorser, or guarantor for him.” Farmers and Miners Bank v. Bluefield Nat „l Bank, 11 F 2d 83, 271 U.S. 669; “A national bank has no power to lend its credit to any person or corporation.” Bowen v. Needles Nat. Bank, 94 F 925, 36 CCA 553, certiorari denied in 20 S.Ct 1024, 176 US 682, 44 LED 637?
These cases were decided when the people had public money for private debt; thus these cases have no standing since Erie RR v. Tompkins 304 US 64 as applied to 14th amendment citizens that are using private debt/credit for public debt.
Title 18 USC § 472 Uttering counterfeit obligations or securities Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.
Title 18 USC § 473 Dealing in counterfeit obligations or securities Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be fined under this title or imprisoned not more than 20 years, or both.
Title 18 USC § 474 Plates, stones, or analog, digital, or electronic
images for counterfeiting obligations or securities Whoever, with intent to defraud, makes, executes, acquires, scans, captures, records, receives, transmits, reproduces, sells, or has in such person’s control, custody, or possession, an analog, digital, or electronic image of any obligation or other security the United States is guilty of a class B felony.
Mortgages and notes where 14th amendment citizens are concerned do not come under the security of United States. See Debt, Mortgage, and the Law Merchant, and Law Merchant They come under Title 15 USC Chap. 41 1602 c, d, e, (private law) and not 31 USC (public law). Fourteenth amendment citizens have formed a commune whereby each member of that commune has agreed never to demand payment from each other, instead have agreed to perform to each other in the form of goods and services in an unincorporated association. All that is needed is some sort of evidence, and that is where HJR 192 and Erie RR come in. It is automatically presumed that you are a “person” under the 14th amendment. That commune is against the common law, however being that is what the people want that has become public policy. It’s not law as “law” it’s just private policy called public policy. Those mortgages can be defeated with issues involving public law.
Last but not least, if you know what you are doing you can explain what this is all about.
“An Act that relates to the public as a whole. It may be (1) general (applying to all persons within the jurisdiction), (2) local (applying to a geographical area), or (3) special (relating to an organization which is charged with a public interest).” Black‟s Law Dict. 5th ed. p. 1106.
It’s not the government that is violating the Constitution; it’s the people that are violating the Constitution by reaching into the government to be recipients of its private benefits. As noted above, it was the original intent of the founding fathers that the people under the common law of the states in the Union as evidenced by Article I Section 10 were never to have contact with the federal government. The federal government concerning 14th amendment citizens is the civil law; the people of the states of the Union were under the common law that forms the very heart of the Union in the capital of Washington D.C. Those clueless idiots that push the BIG FAT LIE are outright dangerous. They lead people into failure, frustration, and anxiety that continue to build, as evidenced by the internet where people are saying their ready to take their guns to the streets. If that happens, we will no longer be a nation of laws, but a nation of men fighting their own illusions that will create even more tyranny. These people must be exposed for what they are, scam artists that regurgitate the same old crap that has been around some 35 years ago, and got nowhere, so they put their own spin on it and peddle it on the unsuspecting that haven’t been around that long to know the past. I know, because some of the material they use is stuff I discovered some 40 years ago that didn’t work back then that caused me to move on to where I am at today. The more I work with what I have discovered, the more the discoveries prove itself more and more every day.
“It is not the function of our government to keep the citizen from falling into error…. it is the function of the people to keep the government from falling into error”. American Communications Association v. Douds, 339 US 382 at 442, 443, 444).
The nation of 14th amendment citizens that are bankrupt is no different than an individual who declares bankruptcy. The court appoints a trustee to oversee your estate. At that point in time, you have lost control of your estate. You still own it but do not have control over it. All your property including your income is now in the hands of the trustee and you do not spend one penny without the trustee knowing about it. In other words, your personal income is controlled by the trustee that is in turn under control of the court. The exact same procedure is followed by the government; the only difference is Congress is the trustee and the courts construct an illusionary trust based upon HJR 192 to compel you to perform. All these people complaining about their constitutional rights being violated is just plain bunk. They have none because they gave them up by agreeing to government benefits when they signed those government forms that were brought on by the bankruptcy in 1933 as evidenced by HJR 192. Five years after HJR 192, the Erie RR v Tompkins decision at 304 US 64 (1938), made it final, that those privileged people have no Constitutional rights, only delegated rights as determined by Congress. In other words, Congress now stands between you and the Constitution that begs the question, why would those who want to be free from private government control support Ron Paul? Besides voting being an elective franchise, Ron Paul is the trustee in bankruptcy that is preventing you from having direct contact with the Constitution, thus you are enslaving yourself with your own hand. In other words, you have pledged your entire estate to a private unincorporated association. These gurus are lying through their teeth when they promote the UCC, redemption, trusts and all of the rest of that crap. The government controls your estate, not you. I am looking for people who have an open mind regarding religion, and want to get involved to set themselves free, but have had doubts, and rightfully so, about what they have read on the internet. I have tried to deprogram those who have immersed themselves in the absolute garbage on the internet and I find it impossible to de-program them.
Colonel Edward Mandell House had this to say in a private meeting with Woodrow Wilson (President) (1913-1921)
“[Very] soon, every American will be required to register their biological property in a National system designed to keep track of the people and that will operate under the ancient system of pledging. By such methodology, we can compel people to submit to our agenda, which will affect our security as a chargeback for our fiat paper currency. Every American will be forced to register or suffer not being able to work and earn a living. They will be our chattel, and we will hold the security interest over them forever, by operation of the law merchant under the scheme of secured transactions. Americans, by unknowingly or unwittingly delivering the bills of lading to us will be rendered bankrupt and insolvent, forever to remain economic slaves through taxation, secured by their pledges. They will be stripped of their rights and given a commercial value designed to make us a profit and they will be none the wiser, for not one man in a million could ever figure our plans and, if by accident one or two would figure it out, we have in our arsenal plausible deniability. After all, this is the only logical way to fund government, by floating liens and debt to the registrants in the form of benefits and privileges. This will inevitably reap to us huge profits beyond our wildest expectations and leave every American a contributor or to this fraud which we will call “Social Insurance.” Without realizing it, every American will insure us for any loss we may incur and in this manner; every American will unknowingly be our servant, however begrudgingly. The people will become helpless and without any hope for their redemption and, we will employ the high office of the President of our dummy corporation to foment this plot against America.” [underline added]
pledge, The act of providing something as security for a debt or obligation. In early practice, pledges were listed at the end of the declaration. Over time the listing of pledges became a formality, and fictitious names (such as "John Doe" or "Richard Roe") were allowed. fictitious name. JOHN DOE. fictitious or artificial person. An entity is a person for purposes of the Due Process and Equal Protection Clauses but is not a citizen for purposes of the Privileges and Immunities Clauses in Article lV Sec. 2, and in the Fourteenth Amendment. [underlined emphasis] Black's Law Dictionary 8th Ed.
Dummy corporation. Corporation formed for sham purposes and not for conduct of legitimate business; formed for the sole reason of avoiding personal liability. [emphasis added] [There you have it, an unincorporated association is a dummy corporation to avoid personal liability]. Black's Law Dict. 6th Ed
An unincorporated society; a body of persons united and acting together without a charter, but upon the methods and forms used by incorporated bodies for the prosecution of some common enterprise. Clark v. Grand Lodge of Brotherhood of Railroad Trainmen, 328 Mo.1084, 43 S.W.2d 404, 408. It is not a legal entity separate from the persons who compose it. [emphasis added]
This is today’s unincorporated association called public policy or a corporation in the spirit of the law. There is no charter of incorporation as it only exists in the mind of the people who make up a dummy corporation who enjoys limited liability. Welcome debt laded 14th amendment citizens.
The above article cannot be proven, but it’s happening right before our very eyes. When the nation went bankrupt in 1933, everything that represented “United States of America” went into receivership to the “United States” under the internationalist through maritime law. Yes even our flag represents a nation of debt. Is this why we pledge allegiance to the flag (1892)??? A maximum in Maritime law is the flag that flies is the law that applies i.e., the law of debt under the private law merchant.
The arrogance of these people is they believe in their own lies. Even the law merchant admits its laws are voluntary. The solution, trash your 14th amendment (1868) status. The people can start by destroying those checking accounts and those blood sucking credit cards. These are some of the things that are meant by the above noted term law merchant.
"If ye love wealth better than liberty, the tranquility of servitude better than the animating contact of freedom … go home from us in peace We ask not your counsels of arms … crouch down and lick the hands that feed you … May your chains set lightly upon you … May posterity forget that ye are our countryman." - Samuel Adams, 1722-1803.
"If a nation values anything more than freedom, it will lose its freedom; and the irony of it is that if it is comfort or money that it values more, it will lose that too." Somerset Maugham English Novelist and Playwright, 1874-1965.
The nation of 14th amendment citizens are on the brink of losing all of the above. If you have doubt about that, visit Georgia Guidestones on the internet.
ONE THING IS FOR CERTAIN IN THIS WORLD, YOU’RE GOING TO GET WHAT YOU ARE WILLING TO PUT UP WITH
1 It is 14th amendment citizens in the federation of states that is bankrupt; not the United States government.
2 Allodial land titles are not beholden of any over lords.
3 A person will be paying on the enormous public debt through a land lord who will be passing all his landed debts on to that person.
4 For the sake of an example. The United States Government advertises that it has some trees that they want to thin out in the national forest. This is an invitation for all loggers to put in bids for the job. The Government awards a contract to the lowest bidder. At that point, the logger has entered into a contract with the U.S. Government that operates through the Nation’s Capital in Washington D.C., the public corporation. Said contract comes under the public law merchant. In other words, he receives a physical franchise that is written out on that document that spells out the terms and conditions. The profit that the logger makes is subject to an income tax that runs directly through the IRC. The tax rate is somewhere around 10 to 15 %. If that person is a 14th amendment citizen and a beneficiary to the public debt, he must pay an additional Social Security Tax in addition to a gift tax that the government classifies as an income tax that runs directly through the Social Security Act. For more on the gift tax see my article “Are You Subject To” at www.truthinlaw.net
5 Operation of law. This term expresses the manner in which rights, and sometimes liabilities, devolve upon a person by the mere application to the particular transaction of the established rules of law, without the act or co-operation of the party himself. Black’s Law Dict. 5th ed.
Audio interview available on archives at the Republic Broadcasting Network July 17 and 24 10:00 A.M. central on the Phil Pozderac Show.
new
"The truth about Article VI to the U.S. Constitution, Land Patents, and Allodial land titles. Nothing but pure facts surrounding the law that does not include Hocus-pocus." ARTICLE VI - LAND PATENTS AND ALLODIAL TITLES
Future Articles To Include: How to do legal research with the correct premise. Not with Hocus-pocus"