Thursday, June 11, 2009

How do you define your nationality?

How do you define your nationality?Are you a/an
1. American
2. United States citizen
3. National of the United States
4. Citizen of the United States
5. State National, e.g. Delawarean, Coloradoan. . .etc
6. Foreign National (Please explain)
7. No nationality (I am stateless)
8. (Other)I Don’t know, please help?

There is no right or wrong answer here. This is to educate readers regarding "nationality," a concept most people do not think about, but has immense consequences. Have you ever thought, "How does the law see me?" or "How does the law define my existence?" perhaps you have asked "Why are my rights constantly being trampled on?" or "Why do foreign nationals, e.g. Mexicans, seem to have more rights than I?" Rarely does anyone think about their nationality and its repercussions. I can guarantee you the law/courts pay very close attention to your nationality. This thread is to answer the question posed and the answers’ implication on our everyday lives.

Read the answers to your choices below.

1. If you define yourself as an American, you can feel secure in the fact, that this term DOES NOT refer to nationality, insofar as the law is concerned. There is NO LEGAL definition for "American" in the United States Code. At least, none that I could find. For all intents and purposes, the term "American" has no legal meaning as it pertains to nationality. although it is abstractly defined in law dictionaries.

From Blacks Legal Dictionary 5th ed:

American: Of or pertaining to the United States.

From Ballantines 3rd ed:

American: Of the western hemisphere or, more particularly, the United States.

By claiming to be an American, you are not claiming any nationality, but are merely referring loosely to the United States. "American" is a general concept without specificity. To think the term "American" refers to nationality occurs only amongst the people. The law perceives you differently.

2, 3 and 4: If you chose US citizen, National of the United States or Citizen of the US, they are all equal to each other, and legally mean the same thing, i.e. A citizen of the United States.

From Section 1 of the 14th Amendment:
XIV - Citizen rights not to be abridged
Passed by Congress June 13, 1866. Ratified July 9, 1868
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. (Remember the word "reside;" it will be necessary later).
From USC 12, 1401
§ 1401. Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
And USC 8. 1101
§ 1101. Definitions
(22) The term "national of the United States" means
(A) a citizen of the United States, or
(B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
and by operation of law, owes his/her allegiance to the United States gov’t.
A US citizen CANNOT lay claim to a country as the United States is NOT a country or a nation. The US citizen is subject to private law, i.e. the whims of Congress.
For example USC 8. 1185(b):
§ 1185. Travel control of citizens and aliens
(b) Citizens
Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.

Notice the title of the section, Travel control of citizens and aliens. Only citizens of the United States are required to have a passport. Hmmm?

Did you think that you, a US citizen, is ACTUALLY and INFACT an enemy of the United States!? It is true.
Some may think there is a critical difference between a US citizen and Citizen of the US (Capital "C" versus lower case "c"), but it is merely a writing style and has NO legal difference. Terms 2,3 and 4 are identical and refer to one’s nationality, i.e. a citizen of the United States, a very dubious distinction to have.
US citizens are at a great disadvantage as they are subject to the whims of the US Congress. More about the disadvantages later.

5. If you selected State National, good for you, if you are truly a State National. A State National is NOT SUBJECT TO THE JURISDICTION OF THE UNITED STATES. A State national is considered "foreign" to the United States, and DOES NOT owe allegiance to the United States as evidenced by

From USC 8, 1101
§ 1101. Definitions
(3) The term "alien" means any person not a citizen or national of the United States.
(21) The term "national" means a person owing permanent allegiance to a state.
A State National is deemed an "alien" under US code. In international law this status is in relation to a man/woman who is foreign to a state or political jurisdiction, and means someone who owes "allegiance" to another country.

A state national is an alien to the political system of the United States, and alien to another state in the union, is foreign to the United States, and is NOT subject to the general statutory construction.

A state national owes his/her allegiance to his/her countrymen, i.e. fellow Delawareans, Coloradoans and NOT to a state government. This is the critical difference between a state national and a US citizen. Because of this difference in nationality, a state national IS NOT subject to the jurisdiction of the United States, and therefore is bound the State constitution of his/her state and the law of nations/international law. This is a good thing, as a state national has "rights" in contradistinction to "privileges" possessed by a US citizen.

6. Perhaps you chose foreign national. If you are a "foreign national" than you were born outside the United States of America, i.e. in Europe, South America, Asia. . .etc. Legally, a foreign national is NOT subject to the jurisdiction of the United States and, INFACT. has more rights under the US Constitution than a US citizen possesses. For example, I live near Rehoboth, Delaware, an ocean front summer resort town, that draws thousands of eastern European 20-somethings who work for the summer and earn more than their parents earn throughout the year. Taxes are withheld (illegally, if they did not volunteer to have the taxes withheld), but when the worker returns to his/her country he/she can petition the United States through his/her consulate and receive ALL the taxes withheld. Another instance occurs frequently in New York City. Because the U.N. is located in Manhattan Island, many foreign nationals from around the world reside there. Those foreign nationals, because they are not under the jurisdiction of the United States, are not required to pay parking tickets, nor even have a driver’s license. This is concurrent with international law.

Foreign nationals are generally NOT subject to the jurisdiction of the United States, unless they elect/volunteer to be under its jurisdiction.

7. Only a foolish person would honestly select to be "stateless," without nationality. As whatever jurisdiction a "stateless" person happens to be in, can claim jurisdiction over him/her and pretty much do whatever that jurisdiction wants. Hopefully those who chose this did so to be funny, as a stateless person would truly be up a creek without a paddle.

Everyone has a right to choose nationality, and must do so. This is considered a natural right that is from time immemorial, and is well versed in the law of nations/international law. From the communist instrument, the UN Charter Article 15, Universal Declaration of Human Rights, December 10, 1948 :
Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
You can choose whatever nationality you want, but you MUST CHOOSE. That is the rule.

8. Finally, I tossed in "other". WHAT? Are you a carrot? Go play somewhere else. Unless, of course, you are the 1 in a million who has figured out another way. Good for you!

- - - - - - - - - - -

If you have read this far, I thank you, and I hope this has been educational. You may ask, "So what? I have gone this far in my life, and everything seems fine. Why should I care about my nationality? I am an American, no matter what the law says!"

ANSWER: Because you were poorly educated, and have been lied to think that way.

The following is the LEGAL REALITY as it pertains to ALL US citizens.
As has been established above, all persons born or naturalized in the United States, and subject to its jurisdiction is a national/citizen of the United States.
The next question is to ask, "What is the United States?" An appropriate answer might be to state what it is NOT.
The United States IS NOT a country
The United States of America IS NOT a nation
So what is the United States? The United States of America is a federation of 50 sovereign states or nations coming together for their own protection and benefit under the Articles of Confederation and finally the Constitution.

From the US code,
USC 28, 3002 (15)A)
§ 3002. Definitions
(15) "United States" means—
(A) a Federal corporation;

From various legal cases and definition
Volume 20: Corpus Juris Sec. § 1785: "The United States government is a foreign corporation with respect to a state". NY Re: Merrian, 36 N.E. 505 1441 S.CT. 1973, 41 L.Ed. 287. The United States is defined as "A Federal Corporation" in the United States Code, Title 28 - Judiciary and Judicial Procedure, Subchapter A - Definitions and general provisions, § 3002 - Definitions, at number 15 (a). "The United States Government as such is fictitious and thus includes the States Government." Blacks Com. 133, Bouvier`s law dictionary, page 1215 (1914).
To be more definitive, the United States is a corporation, specifically a municipal corporation. From Blacks Legal Dictionary 5th ed.
Corporation: An artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, but ordinarily consisting of an association of numerous individuals. Such entity subsists as a body politic under a special denomination, which is regarded in law as having a personality and existence distinct from that of its several members, and which is, but the same authority, vested with the capacity of continuous succession, irrespective of changes in its membership, either inpertuity or for a limited term of years, and of acting as a unit or single individual in matters relating ot the common purposed of the association, within the scope of the powers and authorities conferred upon such bodies by law. Municipal corporation has a dual character, the one public and the other private, and exercises correspondingly twofold functions and duties - one class (public) consisting of those acts performed by it in exercise of delegated sovereign powers for benefit of people generally, as arm of state, enforcing general laws made in pursuance of general policy of the state, and the other (private) consisting of acts done in exercise of power of the municipal corporation for its own benefit, or for benefit of its citizens alone. italics mine

From Ballantine’s 3rd
Municipal Corporation: A body politic and corporate constituted by the incorporation of the inhabitants of a city or town for the purposes of local government thereof. The body politic created by organizing the inhabitants of a prescribed area, under the authority of the legislature, into a corporation with all the usual attributes of a corporate entity, but endowed with a public character by virtue of having been invested by the legislature with subordinate legislative powers to administer local and internal affairs of the community, and established as a branch of the state government to assist in the civil government of the state 37 AM J1st Mun Corp 3.
From the above authorities, the United States is a municipal corporation. Let us briefly look at a typical corporation. Answer this question for yourself, "Does the corporation exist for the benefit of its workers, or for its benefactors?" Obviously, the corporation must give some benefits to its workers, or it would not have any. Benefits are usually structured for the type of worker the corporation wants to hire. The same answer applies to the United States. Yes, the United States gives benefits to its citizens (SS, medicare, medicaid, subsidized programs called entitlements. . .etc). Does the United States, a municipal corporation, operate for the benefit of its citizens, or does it have an agenda? Answer that question for yourself.

Clearly the United States is a municipal corporation, and a citizen of the United States owes his/her PERMANENT allegiance to that corporation.

From the 14th Amendment:
XIV - Citizen rights not to be abridged
Passed by Congress June 13, 1866. Ratified July 9, 1868

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.
From Ballantine’s 3rd legal dictionary:
Citizen of a state:
A citizen of the United States, residing in any state of the Union 14th Amendment to the Constitution of the United States
see citizens resident in the state
Citizens Resident in the State
Natural persons who are citizens and residents, and corporations chartered in the state.
From Black Law Dictionary 5th ed.
Federal Citizen: Rights and obligations accruing by reason of being a citizen of the United states. A person born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein he resides.
What sort of "obligations" do you suppose a US citizen is subject to?
From those codified and legal definitions there is one word common to all of them. Did you spot it? It is crucial to understand the legal definition of that word. It is the word, "Reside" or "Resident."

From Ballantines;
Reside: To dwell in aplace. To be a resident.
From Blacks:
Reside: Live, dwell, abide, sojourn, stay, remain, lodge. To settle oneself or a thing in a place, to be stationed, to remain or stay, to dwell permanently or continuously, to have a settled abode for a time, to have one’s residence or domicile; specifically, to be in residence, to have an abiding place, to be present as an element, to inhere as a quality, to be vested as a right.
There is a duality with the word, "Reside. . ." to dwell permanently or have a settled abode for a time. Is it temporary or is it permanent. It is both depending on usage. Let us look at "Resident" for further clarification.
From Blacks:
Resident: Any person who occupies a dwelling within the State, has a present intent to remain within the State for a period of time, and manifests the genuineness of that intent by establishing an ongoing physical presence with the State is something other than merely transitory in nature.
Residency does not necessarily imply permanency, but a willingness to "stay" for a "certain" period of time to gain the status, "Resident." In Delaware, it is one year. As a citizen of the United States who resides therein, you do not have a "true" permanent home, but will always be a "Resident." What do I mean by "true" permanent home, let us look at the word "Residence."

From Blacks
Residence: Personal presence at some place of abode with no present intention of definite and early removal and with purpose to remain for undetermined period, not infrequently, but not necessarily combined with design to stay permanently. Residence implies something more than mere physical presence and something less than domicile.
Domicile, what’s that, and what is the difference?

From Blacks:
"Domicile" compared and distinguished" As "domicile" and "residence" are usually in the same place, they are frequently used as if they had the same meaning, but they are not identical terms, for a person many have two places of residence, as in the city and country, but only ONE domicile. Residence means living in a particular locality, but domicile means living in that locality with intent to make it a fixed and permanent home. Residence simply requires bodily presence as an inhabitant in a given place, while domicile requires bodily presence in that place and also an intention to make it one’s domicile. "Residence" is not synonymous with "domicile" though the two terms are closely related; a person may have only ONE legal domicile at one time, but he may have more than one residence.

To "reside," to be a "resident" or have a "residence" are all terms associated with that of a United States citizen. To be able to participate (vote) you must reside within a State for a certain period of time. To be of a temporary nature, a US citizen never has a true home; he is not "domiciled" in the country, per se, as the United States is not a country. Therefore a US citizen has been granted privileges by the sovereign or corporation in this case.

"Residency" is one of the key traps the gov’t uses to continually ensnare its citizens by having you believe that "residency" is the status to have. Read your state’s code and every benefit you can receive is due to your "residency" status, i.e. drivers license, voting requirements. . .etc. Search the code for the word "domicile." Good luck finding it. In Delaware’s code, I found it in the code concerning horse racing, and the definition for "domicile" was two years. Odd place to put it, don’t you think?

In summation, a United States citizen is at a purposeful disadvantage compared to other types of citizenship. By electing or choosing your citizenship you accept the benefits and consequences.

Common Law Maxim: CUJUS EST COMMODUM EJUS DEBET ESSE INCOMMODUM Translation; He who receives the benefit should also bear the disadvantages.

From United States v. Cruikshank, 92 U.S. 542 (1875)
The citizen cannot complain, because he has voluntarily submitted himself to such a form of government. . .he owes allegiance to the two departments, so to speak, and with their respective spheres must pay the penalties.

All US citizens are corporate slaves, so to speak, and must obey the whims of the board of directors (US CONgress and the President). US citizens are subject to "private law." When you say, how can the gov’t take away a right granted in the CONstitution, remember you are not technically subject to the CONstitution, but rather the dictates from rulers in the ten square miles of land known as the District of Columbia.

Please, do not complain and whine about the privileges that have been taken away. As a citizen to a private, municipal corporation you must do what the corporation says, or it is off to the hoosegow with you.

From this perspective, it is easy to see why the government appears to be trampling over rights. You never had any, only the illusion that you have rights.
I thank you for reading this far. Please think about what you have read.
I leave you with these quotes:

The America once extolled as the voice of liberty heard around the world no longer is cast in the image which Jefferson and Madison designed, but more n the Russian image.
Chief Justice Burger, Laird v. tatum, 408 U.S. 1 (1972)

Oath all immigrants must make during naturalization ceremony:
I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform Noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law (When can the gov't dictate (force) a person to work against his/her will?) ; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.

By: Delaware Jones