Introduction:
The Nature of Franchise Status:
According to the provisions stated in 8 U.S.C. §1401, 26 U.S.C. §3121(e), and 26 C.F.R. §1.1-1(c), statutory "U.S. citizen" or "national and citizen of the United States at birth" status should be seen as a franchise status rather than a reflection of one's domicile. As franchisees, individuals in this status are treated as officers of a corporation and recognized as "persons" under federal law, effectively operating as a corporation wholly owned by the U.S. government. However, it is essential to note that the U.S. Supreme Court has declared this transformation of citizens and residents into a "corporation sole" as both unconstitutional and illegal. The Court questioned the jurisdictional basis for such a transformation, as explained in the following excerpt from Osborn v. Bank of U.S., 22 U.S. 738 (1824): "But if the plain dictates of our senses be relied on, what state of facts have we exhibited here? Making a person, makes a case; and thus, a government which cannot exercise jurisdiction unless an alien or citizen of another State be a party, makes a party which is neither alien nor citizen, and then claims jurisdiction because it has made a case."
The Conflict with Constitutional Rights:
The obligations imposed on statutory "citizens" under various statutes create a conflict with the Thirteenth Amendment, which prohibits involuntary servitude. These obligations are considered civil statutory obligations, yet they seemingly contradict the constitutional prohibition. To understand how these statutes can enforce duties or obligations on statutory citizens without violating the Thirteenth Amendment, we must examine the two capacities in which humans can act: public and private. According to the legal maxim "Quando duo juro concurrunt in und personâ, aequum est ac si essent in diversis," when two rights (public and private) coincide within one person, they are treated as if they were separate entities. Therefore, the consent of the private individual is necessary to occupy a public office.
The Consent and Connection to Public Office:
To connect individuals to government/public offices, their consent is crucial. Without the express consent of the property owner, no public entity can attach itself to private property. This connection, referred to as the "res" or "thing," serves as the subject of legislation. Without the connection between the public and private, the public office becomes civilly dead and constitutes an abandoned estate. It is important to recognize that all the powers of the government, including its authority to enact civil laws imposing obligations, depend either on a public office or a contract made with private individuals.
Understanding Citizenship and Its Voluntary Nature:
One of the biggest concerns people have about the government is its ability to impose mandatory obligations that seem like involuntary servitude. But how does the government manage to do so without violating the Thirteenth Amendment's prohibition on involuntary servitude or the Fifth Amendment's prohibition on taking private property without compensation? In this blog, we will delve into the concept of statutory "U.S. citizen" or "national and citizen of the United States at birth" status and explore how it functions as a franchise status that is independent of one's domicile. We will also discuss how the U.S. Supreme Court has deemed the transformation of citizens into the equivalent of a "corporation sole" unconstitutional and illegal. If you're curious about the devious abuse of franchises that undermines your rights and challenges the constitutional bounds that protect your freedoms, read on.
The Nature of Franchise Status:
According to the provisions stated in 8 U.S.C. §1401, 26 U.S.C. §3121(e), and 26 C.F.R. §1.1-1(c), statutory "U.S. citizen" or "national and citizen of the United States at birth" status should be seen as a franchise status rather than a reflection of one's domicile. As franchisees, individuals in this status are treated as officers of a corporation and recognized as "persons" under federal law, effectively operating as a corporation wholly owned by the U.S. government. However, it is essential to note that the U.S. Supreme Court has declared this transformation of citizens and residents into a "corporation sole" as both unconstitutional and illegal. The Court questioned the jurisdictional basis for such a transformation, as explained in the following excerpt from Osborn v. Bank of U.S., 22 U.S. 738 (1824): "But if the plain dictates of our senses be relied on, what state of facts have we exhibited here? Making a person, makes a case; and thus, a government which cannot exercise jurisdiction unless an alien or citizen of another State be a party, makes a party which is neither alien nor citizen, and then claims jurisdiction because it has made a case."
The Conflict with Constitutional Rights:
The obligations imposed on statutory "citizens" under various statutes create a conflict with the Thirteenth Amendment, which prohibits involuntary servitude. These obligations are considered civil statutory obligations, yet they seemingly contradict the constitutional prohibition. To understand how these statutes can enforce duties or obligations on statutory citizens without violating the Thirteenth Amendment, we must examine the two capacities in which humans can act: public and private. According to the legal maxim "Quando duo juro concurrunt in und personâ, aequum est ac si essent in diversis," when two rights (public and private) coincide within one person, they are treated as if they were separate entities. Therefore, the consent of the private individual is necessary to occupy a public office.
The Consent and Connection to Public Office:
To connect individuals to government/public offices, their consent is crucial. Without the express consent of the property owner, no public entity can attach itself to private property. This connection, referred to as the "res" or "thing," serves as the subject of legislation. Without the connection between the public and private, the public office becomes civilly dead and constitutes an abandoned estate. It is important to recognize that all the powers of the government, including its authority to enact civil laws imposing obligations, depend either on a public office or a contract made with private individuals.
Understanding Citizenship and Its Voluntary Nature:
In the legal context, when a public office is associated with a specific person, it is referred to as "citizenship" by the courts. However, citizenship must be voluntary, as the Thirteenth Amendment prohibits involuntary servitude, even within federal territories. Thus, being compelled to occupy a public office in the government would violate the Constitution's prohibition on involuntary servitude.
Refusing the Public Office:
Individuals who refuse to occupy the public office known as statutory "U.S. citizen" are considered nonresidents and are not protected by civil statutory law. They lack statutory diversity of citizenship, regardless of their domicile. Instead, they can only invoke constitutional diversity of citizenship under Article III, Section 2. These individuals have a civil domicile on geographic territory and are not subject to civil statutory law. They cannot lawfully switch the choice of law to federal territory since they are not within the statutory geographical definition of the "United States."
Declaration of STATUTORY Citizenship:
To invoke the privileges associated with the public office, individuals must declare themselves as statutory "citizens" under the provisions of 8 U.S.C. §1401 (born on federal territory). It is through this declaration that the obligations and privileges of the public office can attach.
The Constitutional Void in Federal Territory:
Federal territory, including unincorporated territories, falls outside the constitutional protection afforded to the states. The Constitution explicitly calls for a republican form of government throughout the states, but this principle does not automatically extend to these territories. Instead, Congress has historically established forms of government in these regions that more closely resemble British Crown colonies rather than republican states. As a result, the rights and privileges guaranteed by the Constitution and the Bill of Rights do not apply to these territories unless Congress explicitly directs otherwise. This distinction highlights the unique legal landscape of federal territory and the need for a comprehensive understanding of its governing principles.
Conclusion:
Understanding the franchise status of statutory "U.S. citizens" sheds light on the intricate web of obligations imposed by the government. By recognizing this status as a public office, we can comprehend how certain laws and obligations apply. However, it is essential to acknowledge the constitutional limitations and the voluntary nature of citizenship. By unveiling the devious abuse of franchises, we can better comprehend the impact on our rights and strive to protect the constitutional chains that bind our public servants.
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