Time: Thu Apr 17 07:27:29 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id GAA00894; Thu, 17 Apr 1997 06:46:23 -0700 (MST) by usr03.primenet.com (8.8.5/8.8.5) with SMTP id GAA12895; Thu, 17 Apr 1997 06:46:07 -0700 (MST) Date: Thu, 17 Apr 1997 07:11:51 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: voter registration (1 of 3) c/o USPS P. O. Box 6189 San Rafael, California Postal Code 94903-0189/TDC March 10, 1992 Registrar of Voters P. O. Box "E" San Rafael, California Postal Code 94913/TDC Dear Registrar: As instructed by a member of your staff, please accept this letter as formal notice that I hereby revoke my voter registration with your office. It is with enormous regret that I must take this step, because I consider voting to be among the most important civic duties that we have in America today, particularly during a presidential election year. Nevertheless, it has come to my attention that your registration forms now explicitly state, in red letters, that they are "For U.S. Citizens Only". Moreover, these same forms exhibit the following affidavit, which must be signed under penalty of perjury: "I am a citizen of the United States and will be at least 18 years of age at the time of the next election. I am not imprisoned or on parole for the conviction of a felony. I certify under penalty of perjury under the laws of the State of California that the information on this affidavit is true and correct." This affidavit is followed by a clear WARNING, also in red letters, that "Perjury is punishable by imprisonment in state prison for two, three or four years. Section 126 Penal Code". My chief concern with this affidavit has to do with the definition of "United States" that is implied by the form. I have recently authored a well documented book, a major thesis of which relies upon the following ruling by the U.S. Supreme Court: The term "United States" may be used in any one of several senses. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations. It may designate the territory over which the sovereignty of the United States extends, or it may be the collective name of the states which are united by and under the Constitution. [Hooven & Allison Co. vs Evatt, 324 U.S. 652 (1945)] [emphasis added] Page U - 3 of 22 The Federal Zone: From this ruling by the U.S. Supreme Court, it is obvious that the term "United States" can mean any one of three entirely different things. I draw your attention specifically to the second of these three different meanings of "United States": it may designate the territory over which the sovereignty of the United States extends. This territory includes only the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the federal "enclaves" which have been ceded to Congress by acts of the 50 State Legislatures. The authority to have exclusive legislative jurisdiction over this limited area of land is granted to Congress by Article 1, Section 8, Clause 17 and Article 4, Section 3, Clause 2 of the U.S. Constitution. It follows, then, that declaring oneself to be a "citizen of the United States" could be construed to mean that one has been either born or naturalized into this jurisdiction and, that one is therefore subject to this jurisdiction (see 26 CFR 1.1-1(c)). This is particularly true if the "c" in "citizen" is lower case, as is the case in the Code of Federal Regulations just cited, and also in the so-called 14th Amendment to the U.S. Constitution. Last but not least, the word "of" is often interpreted by courts to mean "belonging to". Thus, the term "citizen of the United States" can and has been interpreted by the courts to mean a "subject" who "belongs to" the "Congress". On the contrary, I have recently filed a notarized affidavit with the California Secretary of State, March Fong Eu, in which I declare my status to be that of a "natural born Citizen" as stated in Article 2, Section 1, Clause 5 of the U.S. Constitution. Contrary to widespread public opinion, a "natural born Citizen" is not the same thing as a "citizen of the United States". There are also numerous court authorities for these two different kinds of citizenship. As a natural born Citizen, I am a member of the Sovereignty; I am subject only to my Creator, because my fundamental, unalienable rights are endowed by my Creator (see Declaration of Independence, 1776). Those rights are not granted to me by anyone or anything else. If you request it in writing, a notarized copy of my affidavit can be provided to you. Accordingly, a shrewd and constructive fraud has been perpetrated upon me, if the presence of my name on your voter registration roster can be presumed by State and federal courts to mean that I am a "citizen of the United States", with all of the legislated privileges, immunities and liabilities attached thereto. I will not allow such a presumption or adhesion to exist, and it is primarily for this reason that I hereby revoke my registration as a voter in the County of Marin, California Republic. This revocation is retroactive to my date of majority, which date was June 21, 1969. I remind you that there is no statute of limitations on fraud. Page U - 4 of 22 Appendix U Please be advised that my use of the phrase "WITH EXPLICIT RESERVATION OF ALL MY RIGHTS AND WITHOUT PREJUDICE UCC 1-207 (UCCA 1207)" above my signature on this document indicates: 1. that I explicitly reject any and all benefits of the Uniform Commercial Code, absent a valid commercial agreement which is in force and to which I am a party, and cite its provisions herein only to serve notice upon ALL agencies of government, whether international, national, state, or local, that they, and not I, are subject to, and bound by, all of its provisions, whether cited herein or not; 2. that my explicit reservation of Rights has served notice upon ALL agencies of government of the "Remedy" they must provide for me under Article 1, Section 207 of the Uniform Commercial Code, whereby I have explicitly reserved my Common Law right not to be compelled to perform under any contract or commercial agreement into which I have not entered knowingly, voluntarily, and intentionally; 3. that my explicit reservation of Rights has served notice upon ALL agencies of government that they are ALL limited to proceeding against me only in harmony with the Common Law and that I do not, and will not, accept the liability associated with the "compelled" benefit of any unrevealed commercial agreements; and 4. that my valid reservation of Rights has preserved all my rights and prevented the loss of any such Rights by application of the concepts of waiver or estoppel. I presume that you will make copies of this letter of revocation available to all interested County departments. Thank you very much for your consideration. WITH EXPLICIT RESERVATION OF ALL MY RIGHTS AND WITHOUT PREJUDICE UCC 1-207 (UCCA 1207) /s/ John Q. Doe All Rights Reserved registered as: John Q. Doe Address City, State copies: County Board of Supervisors Jury Commissioner, County of Marin California Secretary of State Page U - 5 of 22 The Federal Zone: State Citizens Stop Voting: An Outline of Legal Reasons and an Academic Debate by John E. Trumane Last Update: December 9, 1993 Page U - 6 of 22 Appendix U Introduction I. There are 2 classes of citizenship under current American Law, not just 1 class A. State Citizenship (upper-case "C") 1. a/k/a California Citizen, Nevada Citizen, etc. 2. a/k/a "Citizen of one of the States united" B. federal citizenship (lower-case "c") 1. a/k/a "citizen of the United States" 2. a/k/a "U.S. citizen" II. Under current California State law, only federal citizens can register to vote; State Citizens cannot register A. see voter registration form, available at Post Office III. Registering to vote produces material evidence that one is a federal citizen who is, by definition, liable for federal income taxes, whereas State Citizens are not A. State Citizens are protected by constitutional limits against direct taxation 1. direct taxes must be apportioned per Article 1, Section 9, Clause 4 and Article 1, Section 2, Clause 3 B. federal citizens are not protected by these same constitutional limits IV. State Citizens must cancel their voter registration to perfect and maintain their status under the Law Page U - 7 of 22 The Federal Zone: Body I. There are 2 classes of citizenship under American Law A. State Citizenship 1. found in the U.S. Constitution prior to Civil War a. e.g. see qualifications for Representative, Senator, and President 2. this is a Sovereign class created and endowed by the Creator B. federal citizenship 1. 14th Amendment attempted to formalize a second class of citizen first defined in 1866 Civil Rights Act 2. this is a statutory creation, a subject class, created and endowed by the Congress, not by the Creator II. 2 recent decisions of Utah Supreme Court struck down the 14th Amendment A. Congress and the President forced southern States to vote for it "at the point of a bayonet", using the duress and undue influence of martial law B. The Civil War was over and the southern States had already been counted upon to ratify the 13th Amendment, banning slavery III. The consequences of the failed ratification are many and far-reaching: A. federal citizenship is not defined in the supreme Law (i.e. the U.S. Constitution) 1. it is, at best, the creation of federal statute 2. as such, it can be taxed, regulated, and even revoked, just like a corporation B. in contrast, State Citizenship is an unalienable Right which Congress cannot tax, regulate, or revoke 1. Congress cannot amendment the Constitution a. Congress derives its power solely from the Constitution Page U - 8 of 22 Appendix U b. Congress can lawfully exercise its powers only within the limits of the Constitution 2. qualifications for Representative, Senator, and President have never been amended by the States a. the term "United States" in these provisions means "States united" (see People vs De La Guerra and Ex parte Knowles, Calif. Supreme Court) 3. since the Constitution as lawfully amended is perpetual, then so is the Sovereign State Citizenship which it has recognized from the beginning (1787) IV. The term "United States" has three (3) separate and distinct meanings in American Law: A. The name of the sovereign nation, occupying the position of other sovereigns in the family of nations B. The federal government and the limited territory over which it exercises exclusive sovereign authority 1. to be a federal citizen is to be a "citizen of the United States" in this second sense of the term (i.e. a "citizen of the federal zone") C. The collective name for the States united by and under the Constitution for the United States of America 2. to be a State Citizen is to be a "Citizen of the United States" in this third sense of the term (i.e. a "Citizen of one of the States united") V. One can be a State Citizen without also being a federal citizen A. see Crosse case from Maryland Court of Appeals: "Both before and after the Fourteenth Amendment to the federal Constitution, it has not been necessary for a person to be a citizen of the United States in order to be a citizen of his state." B. see State vs Fowler case from Louisiana Supreme Court: "But a person may be a citizen of a particular state and not a citizen of the United States. To hold otherwise would be to deny to the state the highest exercise of its sovereignty -- the right to declare who are its citizens." Page U - 9 of 22 The Federal Zone: C. see Cruikshank court from U.S. Supreme Court: "We have in our political system a Government of the United States and a government of each of the several States. Each of these governments is distinct from the others, and each has citizens of its own ...." [!!!] [United States v. Cruikshank, 92 U.S. 542 (1875)] [emphasis added] VI. California Legislature now requires that an elector be a "citizen of the United States" A. this qualification was predicated on a ratified 14th Amendment 1. the ambiguities in Section 1 of the 14th amendment confuse many into thinking there is but one class of citizenship throughout America 2. State legislators were likewise confused by these ambiguities, and by the deception surrounding the adoption of this amendment B. this qualification prohibits State Citizens from registering to vote, and from voting 1. the voter registration form exhibits a formal affidavit, signed under penalty of perjury, that voter is a federal citizen (see sample form) a. such an affidavit is admissible evidence in any State or federal court b. federal courts use this affidavit to establish income tax liabilities 2. perjury is punishable by 2, 3 or 4 years in State prison (see warnings on registration form) a. warnings are in CONSPICUOUS text, which prevents signer from saying he didn't see it C. State Citizens must cancel their voter registration in order to perfect and maintain their status. 1. most registration forms were signed in ignorance of the 2 classes of citizenship in America 2. with this knowledge, State Citizens elect "to be treated" as federal citizens if they continue to vote after learning the law Page U - 10 of 22 Appendix U VII. federal citizens are liable for federal income taxes; State Citizens are not A. State Citizens are protected by federal constitutional limits against direct taxation without apportionment 1. Article 1, Section 2, Clause 3 2. Article 1, Section 9, Clause 4 B. federal citizens are not protected by these same constitutional limits 1. Constitution for the "United States" as such does not extend beyond the boundaries of the 50 States which are united by and under it a. The Insular Cases established this dubious precedent at the turn of the century (1901) 2. the guarantees of the Constitution extend to the federal zone only as Congress has made those guarantees applicable a. The Hooven case established this principle when it confirmed that the "United States" has three (3) different meanings in law 3. a "citizen of the United States" is, effectively, a citizen of the District of Columbia, which never joined the Union of Sovereign States a. Congress can create local, "municipal" laws for D.C. which are not constrained by the federal Constitution b. a federal court has ruled that "citizenship" is a term of municipal law, not general law Page U - 11 of 22 [continued in next message] ======================================================================== Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU web site: http://www.supremelaw.com : library & law school registration ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this ========================================================================
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