Special by Vengeancia Citizens, Individuals, Persons, Residents, etc., are artificial entities, corporate fictions, created by the corporation dba the United States. These entities do not have rights, only privileges. It is important that we, the people, change our status and bring our challenges to the courts successfully. Here are all of the incidences of the term, “people” in the Declaration of Independence, The Articles of Confederation, and The Constitution. Clearly, according to these foundational documents, “people” have many rights. These rights are recognized in the 9th Amendment, which states that:
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
How do the American peoples’ “rights” compare to the so-called “rights”, really privileges, of “U. S. citizens?” Have the courts found that the rights mentioned below apply equally to “citizens?” Or have courts determined that “citizens” have a mere subset of these “rights?”
The dissent written by Justice John Marshall Harlan in Downes v. Bidwell held that the U.S. Congress was always bound to enact laws within the jurisdiction of the Constitution. In it, he said, “This nation is under the control of a written constitution, the supreme law of the land and the only source of the powers which our government, or any branch or officer of it, may exert at any time or at any place.” He held that the Congress had no existence, and therefore had no authority, outside of the U.S. Constitution.
You can confirm this fact for yourself by noting that Congress HAS NOT ENACTED itself into positive law! Title 2: Congress is only Prima Facie.
He also said, “… two national governments exist; one to be maintained under the Constitution, with all its restrictions, the other to be maintained by Congress outside and independently of that instrument. By exercising such powers as other nations of the earth are accustomed to a radical and mischievous change in our system of government will result … We will, in that event, pass from the era of constitutional liberty guarded and protected by a written constitution into an era of legislative absolutism … It will be an evil day for American liberty if the theory of a government outside the supreme law of the land finds lodgement in our constitutional jurisprudence.”
What is going on here? Clearly, the terms, “people” and “citizen” cannot be used interchangeably, for that would negate the difference between the terms that is of importance when a “citizen” in the United States (however you want to define that) chooses to renounce his or her citizenship, as my friend, Burt, did recently. What do we call this resulting STATELESS living and breathing man or woman if not a “people?’
To conflate the terms would be like saying four=five! According to the Declaration of Independence, “people” have the right to alter and/or abolish government. Do “citizens” have this same right? If a group of “citizens” comes together to form a “grand jury,” does this COUNT in order to alter/abolish bad laws? There are two entities being discussed in America today: one is a de Jure constitutional government, that exists when “we, the people” inhabit it; and the other is a de Facto government, really a corporation masquerading as a government, that exists virtually due to the fact that “we, the citizens” are working for it. This corporation has franchised into every state, county, and local government, taking them over just like in the movie, Invasion of the Body Snatchers!
Given a choice whether to be “citizens” or “people,” that is, given a choice whether or not to renounce our U.S. citizenship, as Burt has done, how do we decide the benefit to ourselves and to our families? This is one of a series of articles related to Musicians 4 Freedom’s project, A Journey to Freedom, in which we follow our friend, Burt, as he journeys down the path to freedom, from “citizen” to “people.”
Declaration of Independence:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
Article IV Articles of Confederation:
The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State, to any other State, of which the owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any State, on the property of the united States, or either of them.
If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the united States, he shall, upon demand of the Governor or executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offense.
Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings of the courts and magistrates of every other State.
Article IX Articles of Confederation:
The united States in congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article — of sending and receiving ambassadors — entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever — of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated — of granting letters of marque and reprisal in times of peace — appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said courts.
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence,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.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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 Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.