14th Amendment Citizens (Part 1)
Leon Hascal, January 28, 2017
Every individual born in one of the 50 sovereign states was born an individual American sovereign, with inalienable rights. Those inalienable rights include life, liberty and the pursuit of happiness. The pursuit of happiness included the right to engage in a common occupation or business without a license, to travel freely from one place to another without permission from the state (driver’s license), the inalienable right to acquire and possess property without paying property tax, etc.
Before the Declaration of Independence, there were no American Citizens, because there was no America, as a country. The people were subjects of the British Crown. After the Declaration, each state was its own sovereign state, and the citizens were State Citizens.
State Citizens had inalienable rights secured by each state’s constitution. But can you be a citizen and a sovereign at the same time? Is a king a citizen of his own country? Or is he a sovereign and not a citizen? Is ‘citizen’ the same as a ‘subject,’ and a subject always has a superior power over the citizen? No, you are either a sovereign OR a citizen/subject. One cannot be both at the same time.
This is confirmed by an early Supreme Court decision in Chisholm v. Georgia 2 Dall (U.S.) 419, 456-480 (1793) 9emphasis added):
(p.470)All the country now possessed by the United States was then a part of the dominions appertaining to the crown of Great Britain. Every acre of land in this country was then held mediately or immediately from that crown. All the people of this country were then, subjects of the King of Great Britain, and owed allegiance to him; . . . From the crown of Great Britain, the sovereignty of their country passed to the people of it; . . . Here we see the people acting as sovereigns of the whole country; . . .
(p.471) At the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects and have none to govern but themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the sovereignty.
(p.458) But in the case of the King, the sovereignty had a double operation. While it vested him with jurisdiction over others, it excluded all others from jurisdiction over him. The law, says Sir William Blackstone, ascribes to the King the attribute of sovereignty: he is sovereign and independent within his own dominions; and owes no kind of subjection to any other potentate upon earth. Hence it is, that no suit or action can be brought against the King, even in civil matters; because no court can have jurisdiction over him: for all jurisdiction implies superiority of power. The principle is, that all human law must be prescribed by a superior.
(p.455) As the State has claimed precedence of the people; so in the same inverted course of things, the Government has often claimed precedence of the State; and to this perversion in the second degree, many of the volumes of confusion concerning sovereignty owe their existence. By a State I mean, a complete body of free persons united together for their common benefit, to enjoy peaceably what is their own, and to do justice to others. It is an artificial person. It has its affairs and its interests: It has its rules: It has its rights: And it has its obligations. It may acquire property distinct from that of its members: It may incur debts to be discharged out of the public stock, not out the private fortunes of individuals.
(p. 456) The only reason, I believe, why a free man is bound by human laws, it that he binds himself. Upon the same principles, upon which he becomes bound by the laws, he becomes amenable to the Courts of Justice, which are formed and authorized by those laws. If one free man, an original sovereign, may do all this, why may not an aggregate of free men, a collection of original sovereigns, do likewise? . . . In one sense, the term sovereignty has for its correlative, subject. In this sense, the term can receive no application; for it has no object in the Constitution of the United States,. Under that Constitution there are citizens, but no subjects.
“ALL jurisdiction implies [a] superiority of power.” So if you are under the jurisdiction of a Government, they have the superior power. You are bound by the laws only because you choose to be? When you pledge allegiance to any country, you become a subject of that country, and you waive your sovereignty? But, if you pledge allegiance only to YOUR creator, then would you be the superior power, and ungovernable by any human State? After the ratification of the U.S. Constitution, American sovereigns acquired citizenship status, called Citizen of the united States of America.Also known as American Citizen, with a capital “C”.
This point is rendered moot by the constitution. After the ratification of the U.S. Constitution, American sovereigns acquired citizenship status, called Citizen of the united States of America. SCOTUS has clarified this point several times.
DeLima v. Bidwell 182 U.S. 179 (1900) The Constitution is not a physical substance. It is in the nature of a grant or power, or what would be termed in private law a power of attorney. A real constitution is a grant of rights or powers by a sovereign. The sovereign cannot be limited, for he is the source of all law. Yick Wo v. Hopkins 118 U.S. 370. Graves v. Schmidlapp 315 U.S. 657-665 (1941) The power to tax is an incident of sovereignty and is coextensive with that to which it is an incident. All subjects over which the sovereign power of a state extends are objects of taxation.
These leads to couple important questions; Are the American people sovereigns OVER the government? Are they subjects of the government, under the government’s jurisdiction and power?
Sovereign Americans are above the governments they delegated management powers. Governments are artificial persons, legal fictions. Governments, as artificial persons, can own property and incur debts on their own, separate from the sovereign people. The personal fortunes of the sovereign people are not to be used to discharge the government’s debts. Governments have complete power over their OWN property and subjects. All jurisdiction implies a level of superiority of power. All subjects UNDER the jurisdictional power of a government, are objects of taxation. As the Supreme Court stated above, a free man is subject to human laws only because he binds himself. You, as one of the joint owners of this country, have agreed to abide by certain laws, that you have agreed to. These laws are designated in the Constitution. Remember these concepts. They are critical to the understanding of freedom from taxation.
The Supreme Court of Colorado has ruled in Colorado Anti-Discrimination Commission v. Case 380 P.2d 34 (1962)
Natural rights – inherent rights and liberties are not the creatures of constitutional provisions either at the national or state level. The inherent human freedoms with which mankind is endowed are “antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe.
You become subject to the human laws because you bind yourself to them as an artificial person. You waive your sovereign status, to become a subject. How do you do that? By contracting with the government and accepting benefits. The only way the government will contract with you is if you waive your inalienable rights and consent to their jurisdiction.
Before the 14th Amendment was ratified in 1868, Americans were called Citizens of the united States of America. If you were born in America, you were born a sovereign with inalienable rights. It was a common understanding among the people. Up until then, slavery was still accepted in America. Slaves were not Citizens, state or national, but were merely considered the personal ‘property’ of the slave-holders. The 13th Amendment was ratified in 1865, just 3 years before the 14th. The 13th amendment abolished slavery. But that created a new problem. The newly freed slaves were not citizens of any state or country because they were just property, and property did not have citizenship.
To solve the problem, the 14th amendment was passed. This amendment created a new class of citizenship. This new class was legally called: ‘United States citizen.’ This class of citizen (U.S. citizen) is a privilege granted by the federal government and not a sovereign inalienable right.
From Black’s Law Dictionary 6th Edition:
Fourteenth Amendment. The Fourteenth Amendment of the Constitution of the United States, ratified in 1868, creates or at least recognizes for the first time a citizenship of the United States, as distinct from that of the states;