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Another interesting constitution site.


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Apr 1, 2010

scroll down to Republic which linked me to this


Our Republic (at time of this writing) is now celebrating the 200th birthday of the Bill of Rights to our Constitution.

Through the wisdom of a few free - thinking men, we have come incredibly far in 200 years. Our nation has been blessed with prosperity more than any other in world history. The technology in this country compares with no other. Our leadership in world politics and economics has no rival. Yet, all this has happened outside the "house" our predecessors on this continent designed and built.

This fantastic and majestic political building, which our forefathers constructed with their lives and sacred honor, has fallen into disuse and now sits empty. When it was new, it was the most beautiful mansion in the world. There was nothing else like it for it was built on a foundation called the "common law." The walls were shaped in liberty by a unique arrangement referred to as the separation of powers and its roof was made of transparent material to let in the light of the Law. So all encompassing that it is adaptable to any people regardless of color, race, creed or religion.

It didn't crumble overnight. What took place was the result of a delusion for people would never give up liberty knowingly - only through deception. Gradually the deceptive rot took hold and, one by one, the citizens of the house called a "Republic" moved out for a third rate structure called a "democracy."

Napoleon said; "History is a fable agreed upon," because he knew that history repeats itself, especially when the history lessons have not been learned or remembered. Thus our history lessons have fallen into disrepair. Our forefathers founded this nation because they believed they had a God-given Right to walk away from enslavement to the King. Yet, the very bondage they walked away from has opened the door for the most subtle slavery this world has ever known. So subtle is this slavery that the citizens are entrapped by their own ignorance through offers of enticements called economic benefits. Acceptance of these benefits sets into operation rules and laws that operate outside the Constitution and thus we have the largest and most unmanageable bureaucracy that has ever existed. A bureaucracy bogged in debt because it has taught its people that government is the provider and problem solver instead of "one people," the subjects that used to live in that special mansion known as the Republic, lighted in Law.

The peoples freedom has been lost more because of what they haven't done than what they have done. In the pages that follow, you are going to discover why you are an economic slave and what you can do about the U.S. of A. the Republic. Yes, you can move back into that mansion known as the Republic for that is what this treatise is about, finding your key to liberty. Always remember that you are the only one that can take back your liberty. No one else can do it for you. You can and you must act independently of the masses. You and the Law are capable of awesome accomplishments in liberty. That is why Thomas Jefferson's statement in the Declaration of Independence is as important today as it was in 1776,
"... it is their [your] right, it is their [your] duty ... to provide new guards for their [your] future security. ... and such is now the necessity which constrains them [you] to alter their [your] former systems of government."

One man with the Law is a majority.

skipped a bunch of detailed info:

Jurisdiction Of The 14th Amendment

From the beginning, federal district courts had no jurisdiction to deal with the private individual. They only handled admiralty- maritime issues. There were only circuit courts and the (s)upreme (c)ourt of the united States operating in the United States government that could have jurisdiction over matters involving diversity of citizenship. That is, matters involving citizens from different states. The state courts handled federal questions because they being courts of original jurisdiction in issues that involved contracts. When the 14th Amendment came along, the United States district courts could have jurisdiction in private matters of individuals involved in the trust because the trust and its members now came under admiralty-maritime law outside the Constitution as did all international trade. At that point, the federal courts were given "in rem" jurisdiction over the people. The "res"/72 was with the people, because there was no public debt. The "in personam" jurisdiction did not apply to the average citizen because the government had no direct contact with the people who lived in the states until after 1933. When the fixed gold standard was removed, the people lost their Law. Before 1933, the federal courts could not assume jurisdiction over a person. There had to be some bilateral arrangement (contact/conveyance establishing a res or "thing") that would have given the court jurisdiction over the people in personam.

All the changes from civilian methods result from these changes - the perverted use of "person" and the new concept of "res."/73

The "Law of persons and things" is the "law of Status." "Law of Things" is "Law of Property" - or contract. Any changes in an individual's standing in the law are a result of how he unknowingly allows a res to be formed and thereby becomes subject to another jurisdiction.

There is a difference between "subject matter jurisdiction" and "jurisdiction of the subject matter." The courts have jurisdiction of the subject matter of the trust res under the 14th Amendment. But as a non-14th Amendment citizen, there is no res to which they - the court - can attach jurisdiction. However, there are areas in the law whereby you can re-convey subject matter jurisdiction to the court.

Before 1933, the federal courts did not have in rem jurisdiction to compel performance of the general public because the people had not given up the law (gold). Unless there was some bilateral contract involved in a dispute, the federal courts could not attach jurisdiction over a person. The federal courts only dealt primarily in contractual disputes between citizens of different states. After 1933, the people contracted for more debts than there was gold to back up those debts. Something like $28 billion in debt with only $4 billion in gold to back it. When Congress suspended the gold standard, the nation was thrown into a debtor/creditor relationship because the people are the posterity of the country, they are also the posterity of the debt through the social security system while remaining under the 14th Amendment because it made one primarily a United States (c)itizen and secondarily a citizen of the state. So under the 14th Amendment, you automatically became responsible for servicing the national debt in order to maintain the social security system./74 [Review footnote 24 on constructive trusts].

The public debt then establishes a res in the District of Columbia and since you are primarily a United States (c)itizen under the 14th Amendment, you automatically become a beneficiary of the debt. The res is the debt as well as the subject matter. The public debt operates outside Article III, Section 2 of the Constitution of the United States. This is why the whole judicial system operates outside the Constitution in that they operate only under Article I as judicial functions. Every judge then can render decisions based on his own prejudices, not on constitutional law of the Republic. Since the 1938 Erie Railroad decision, justices have been free to render Article I ecclesiastical or legislative court decisions based on their own desires or political pressures, not on the Constitution, and they are immune from suit because it is a judicial function, not a "judicial Power" as Article III, Section 2 courts.

Under the 14th Amendment trust relation, the federal government, in dealings with its citizens, automatically has "in rem" jurisdiction over all 14th Amendment citizens (also called U.S. (c)itizens). When the government has in rem jurisdiction, they automatically receive "in personam" jurisdiction at the same time.
"Jurisdiction in rem depends solely on the physical control of the res by the sovereign exercising jurisdiction [14th Amendment jurisdiction of the public charitable trust of D.C.] ... thus where property is carried into a foreign territory [District of Columbia] without the cooperation of consent of the owner, jurisdiction cannot be exercised."/75 [Bracket information added]

General jurisdiction is public municipal law for private purposes, while local jurisdiction, also called "local laws," are private law for public purposes.

When a person expatriates using 15 Statute at Large, his or her whole estate comes back out of the trust. So the state, under "local law" (that is, Washington D.C. and its political subdivisions) loses the in rem jurisdiction and therefore automatically loses in personam jurisdiction. The court can compel you to appear, but cannot attach subject matter jurisdiction because the subject matter, or the trust res, is no longer in Washington D.C. or its political subdivisions. It has been removed back under the Republic by your political Will in fact, and in law.

HJR 192 is mutable by will./76 The insolvency of the government, as declared by suspension of the gold standard, is not something that everyone has to participate in. Not everyone has to be an "insolvent." The people put more demands on the payment of gold than there was gold in the treasury so the gold standard was suspended. But the individual does not have to go along with public policy, especially public policy that was a result of private law, viz., private law for public purposes.

Before June 5, 1933, there was public money for private debts. After June 5th, there was private money for public debts. Now all private credit money operating in the public sector as public policy is all that has been available to discharge (not pay) private debts since June 5, 1933. The individual who is a non-14th Amendment citizen can technically maintain the "gold standard," because all the taxes of compelled performance do not apply to him. Inflation is due to taxes because the taxes support non - producers and thus a sounder dollar results when no taxes are paid.

Since June 5, 1933, everything is predicated on your personal Will. Through public policy and the silence of the individual, it has been assumed that the individual wants to continue the trust relationship and therefore the individual must perform. Performing to the insolvency means that you must contribute to the insolvency. However, the individual does not have to stay bound to the debt of the public policy because it is "mutable by will." That is, the individual must state his or her will or choice and the law will uphold that individual choice to make public policy toward him of no effect. HJR 192 is an Act that is open ended. That is, you can participate in the public policy that HJR 192 established or you can decline to participate.

It must be understood that in order to make public policy mutable by the Will of the individual, very definite legal procedure must be exercised along with the proper statute law. The Statutes must be exercised with the proper legal procedure to accomplish "mutable by will" viz., state Probate Code, along with 15 Statute at Large published legal notice by Declaration. The Declaration is an express testamentary Will when it has been properly signed and witnessed and published.

Hanson v. Denckla/77 deals with the 14th Amendment jurisdiction. The trust in dispute was a private trust set up according to public municipal law for private purposes in the state of Delaware without any third party relationship.

Prior to the 14th Amendment, an exercise of jurisdiction over person or property outside the foreign state was thought to be absolute nullity, but the matter remained a question of state law over which the court exercised no authority. With the adoption of the 14th Amendment, any judgment purporting to bind the person of the defendant over whom the court had not acquired in personam jurisdiction was void within the state as well as without. Pennoyer v. Neff, 95 U.S. 714 Since the state is forbidden to enter a judgment attempting to bind a person over whom it has no jurisdiction, it has even less right to enter a judgment purporting the interest of such person and property over which the court has no jurisdiction. From Pennoyer v. Neff we come to the more flexible standard of International Shoe Co. v. State of Wash., 326 U.S. 310, but it is a mistake to assume that this trend heralds the eventual demise of all restriction on personal jurisdiction of state courts. Those restrictions are more than a guarantee of immunity from inconvenient or distant litigation. They are a consequence of territorial limitations on the power of the respective states. However minimal the burden of defending in a foreign tribunal a defendant may not be called on to do so unless he had minimal contacts with that state that are a prerequisite to its exercise of power over him. This means that Florida had no relationship or contract that tied back to the corpus of the trust in Delaware. Therefore, the 14th Amendment did not apply as to give Florida any jurisdiction. Even before passage of the 14th Amendment, the court of International Shoe Co. sustained the state courts in refusing full faith and credit to judgments entered by courts that were without jurisdiction over a non resident defendant. But it is essential in each case that there be some act by which the defendant purposely avails itself of the privilege of conducting activities within the forum state thus invoking the benefits and protection of its laws.

The "forum state," in the case of the non-14th Amendment citizen, is the corporate municipal city of Washington, D.C.."Full faith and credit" means that we will recognize your laws if you will recognize our laws. So in this particular case, the U.S. (S)upreme (C)ourt was saying that Florida had no legal direct tie to the corpus or body of the trust and therefore they had no full faith and credit under the 14th Amendment to give jurisdiction to act on. The U.S. (S)upreme (C)ourt based their decision on the ruling of the Delaware Supreme Court who had ruled on the corpus of the trust and what the intent of the settler (the person who made the trust) was.

In other words, the 14th Amendment can work in the favor of non-14th Amendment persons because it brings a dividing line down between the Public Laws and the private laws.


Your Will Was Probated

It may come as a surprise to realize that your Will was probated the day you were born. Yes, it is true. The very day you were born by accident into the United States is the day you died to the Law of the Republic./78 In other words, by operation of law, you were born into the corporate municipal legislative democracy of Washington, D.C..

It is presumed that everyone born into this country since 1933 has wanted to be a part of the public policy of the municipal corporation of the District of Columbia. This is because the public trust was established by public policy when the gold was removed as a standard in payment of debt. Up until the gold was removed, less than 51% of the population was involved as beneficiaries of the 14th Amendment trust. The moment the gold standard was removed, more than 51% of the population automatically became members of the trust. This meant the private municipal trust could be moved into the public sector to become public policy because the amount of the population volunteering for the benefits indicated a public desire. In addition, the trust was confirmed by the U.S. (S)upreme (C)ourt decision of Erie Railroad v. Tompkins in 1938 saying "there is no general federal common law." In other words, it is now presumed that everyone is a 14th Amendment "person" as implied by law and so silence on the part of the citizen is his consent to be treated as a "constructive trustee" and as primarily being a United States citizen.

Despite the suspension of the fixed gold standard, the path to liberty for the individual lies in the state court of probate because the general common law of the soil still lies in the state courts.
"In the absence of the gold standard, there is no way to protect savings from confiscation through inflation./79 There is no safe store of value. If there were, the government would have to make its holdings illegal, as was done in the case of gold. If everyone decided, for example, to convert all his bank deposits to silver or copper or any other goods, and thereafter declined to accept checks as payment for goods, bank deposits would lose their purchasing power and the government created bank credit would be worthless as a claim on goods. The financial policy of the welfare state [14th Amendment trust] requires that there be no way for the owners of wealth [property] to protect themselves."/80 [Bracket information added]

Make no mistake, Congress is going to re-establish the gold standard in the near future, but it will be unfixed. The establishment of the unfixed gold standard will not change the law back to the way it was before 1933. Just because the Congress re-establishes the gold standard does not mean the masses of people will automatically be back under public municipal law. It will still mean that if the individual wants to be free of the oppressive government of private law, it will take the individual effort for each to expatriate from the democracy back to the Republic. In reality, returning to the non-fixed gold standard will only instill confidence in the people via a hard money system in the now crumbling credit system that has only the belief of the people as its real value. In effect, those who expatriate now are under the non-fixed gold standard. When the unfixed gold standard is re-established by Congress, those who remain as 14th Amendment citizens will still be 14th Amendment citizens under the compelled performance of the democracy despite the return of the gold standard. It will continue to be your right of choice as to whether you want to be governed by a Republican form of government under public municipal law or a democracy under private law.


Real Property

There is absolutely no reason why anyone should lose his real property to this communistic system - democracy. The reason people do lose their property is because they are 14th Amendment citizens. As 14th Amendment citizens, you have only an equitable interest in the property. Technically speaking, you have legal and equitable interest, but you cannot execute upon the legal interest. This is because, as 14th Amendment citizens, you have no access to the Law side of the court. With equitable interest, you cannot prove superior title to access the land as a citizen of the soil, which is the proper name for a non- 14th Amendment citizen. You must remember that it is your standing in the law that determines whether you have access to the Law to save your land. It is not determined by the title to the land as all land titles in the United States of America are allodial. Thus, land titles deal with land. Jurisdiction of the 14th Amendment deals only with the person in relation to his interest in the land. A commercial system cannot create credit against the substance of the common law - land. They can only create it through the person under the 14th Amendment.

Within the Declaration of Independence, Thomas Jefferson wrote:
"... all Men are ... endowed by their Creator with certain unalienable/81 Rights, that among these are Life, Liberty, and the Pursuit of Happiness -"

You will notice that real property is not listed as an "unalienable" Right. This is because real property was the absolute substance that made the individual sovereign (absolute king in his own right) in America - it was the common law. In the feudal systems of Europe, the kings and the church were considered as the absolute authority or sovereign, because they owned the land. Jefferson did not consider real property even remotely close to falling into an alienable or unalienable Right because the substance of the land was the basis of that liberty. Land could not be pledged in commerce because it is unmovable and is the substance of the common law. You cannot take sovereignty (land) from a sovereign. Sovereignty, after all, implies that nothing can be more supreme than supremacy so supremacy cannot yield its essence (land) to another. However, the sovereign can give sovereignty up by his or her choice - as per the 14th Amendment. The people hold the land. If the land were considered to be a substance that could be alienated by the government, the government would be the sovereign or king and the people would be the serfs again as in Medieval Europe. Remember, the land is the law. He who controls the land controls the law.
"The power to alienate the unpeopled territories of any state, is not among the enumerated powers, given by the Constitution to the general government, and if we go out of that Instrument and accommodate to exigencies which may arise by alienating the unpeopled territory of a state, we may accommodate ourselves a little more by alienating that which is peopled, and still a little more by selling the people themselves."/82

Within the 14th Amendment, the people have had their property reclassified into an alienable Right as in Roman civil law. The result is that the people have been sold into slavery (serfdom) of the trust. Thomas Jefferson said, "The land belongs to the living." When a person is civilly dead to the law, he is as good as being physically dead - he or she cannot own property in the absolute sense.


It's Pure Law

The question that often is raised by individuals who were aware of the hurdles of the court system is, "How are you assured that you will be dealt with fairly in the court system?"

First of all, we know the lower court judges are going to be ignorant of public municipal law for private purposes or the separation of powers principles. They have been born and raised, so to speak, in the trust system and all its Codes. The only way we may get due process is to Appeal to the appellate courts. In other words, when you deal with issues of law, the lower courts want those issues dealt with by the more qualified higher courts.

The second question that follow is, "How do you know the upreme [c]ourt/83 of the United States will hear your case?" Many may not know that there are two floors to the upreme [c]ourt building itself. The second floor has not been used since 1933 when the people gave up their law - their gold. The second floor represents a higher law. It is that higher law that is being accessed with this approach. Anytime the higher law is at issue - U.S. constitutional issue - the upreme [c]ourt has to hear the case. There is no option.

Fourteenth Amendment citizens do not have the prerogative of being heard at that level of law because they are operating at law outside the Constitution.


Take Back Your Estate

It seems that if one seriously questions the government's tax and economic policy, or challenges the tax collecting agencies, that he will be labeled a "tax protester." Remember, a "tax protester" is a 14th Amendment person who is required to file a return and pay a tax. However, you must take aim at the agencies that are the trusters of your estate and when you do, you will be dealing directly with the Internal Revenue Service and the taxing agencies of your state. Taking back your estate means revoking the gift held in trust - "constructive trust" held by the taxing agencies. [Review footnote 24 on constructive trusts]

Starting the process of moving your political choice back under republican laws requires that you state your Will. That is, you must make a public declaration of what your political Will is under the Constitution. Do you want to be a part of the public policy - the trust - or do you want to be able to use public municipal law for your private benefit. Making your Will known requires that your declaration be specific as to your desire about severing the trust.

It is generally recognized that the acceptance of a beneficial testamentary gift, evidenced by signing a IRS W-4 form or similar tax form, will convey the same results as voting. The opinion has been frequently expressed that renunciation of such a gift, in order to be effective, must be express, clear and unequivocal, as by some positive act or statement of the beneficiary./84 The following could be your Will by declaration and thus your political decision to choose the Republican form of government. Pay attention to the content of the sample declaration. Content is important.

Declaration of Independence

I, John-Henry [Jane Doe] Doe in the name of the Almighty Creator, By my Declaration of Independence solemnly Publish and Declare my Right to expatriate absolute, my res in trust to the foreign jurisdiction known as the municipal corporation of the District of Columbia, a democracy, and return to the Republic. Any and all past and present political ties implied by operation of law or otherwise in trust with the democracy is hereby dissolved. I, John / Jane Doe have full power to contract, establish commerce as found being guaranteed by the Bill of Rights being the full first 10 Amendments to the to the Constitution of the nited States of America, a Republic.
So Done this _________ day of ______________, 19____.

Signed, _______________________________

Address _____________________________________________

Affirmed and subscribed before me this __________ day of __________, 19___

Name of Notary _______________________

Notary Public Seal

Publishing your Declaration of Independence according to your state's Legal Notice Statute fulfills this requirement. Some states require the Legal Notice to be published only once, other states require three times, some more, etc.. Check your Legal Notices in your state Statute books. Note: Some newspapers will want to put the declaration under Public Notice which is OK.

A word of caution. Some people have filed their "Notice" in the court without advertising in the newspaper. If your state Statute books require a "Notice" to be published in the newspaper and you do otherwise, the system does not have to recognize the "Notice," so beware.

You must start your process of severing the Trust by filing your Declaration of Independence. Once you have filed it and it has been advertised, the newspaper will send you back an Affidavit of Publication. This will be one of the "Exhibits" you will use as evidence to the probate court of your will.


What Have You Lost Or Gained
In the 14th Amendment trust, you were offered benefits. When you move back to the Republic, you lose those benefits and you gain freedoms. Here are a few examples.


Table 2

Relative property rights Absolute property rights
Compelled performance,guilty until proved innocent True liberty to volunteer,innocent until proved guilty
Social Security Develop own security
All government aid Pursue interests without interference
Government supervision Develop own standards
Indirect Taxes Only direct taxes. Truer value to every dollar one earns from financial pursuits
Licenses Full right to contract with anyone for anything without licenses

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