Time: Wed Jul 30 18:46:40 1997
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Date: Wed, 30 Jul 1997 21:37:28 -0400 (EDT)
Originator: christianunity@associate.com
From: Paul Andrew Mitchell [address in tool bar]
To: Multiple recipients of list <christianunity@associate.com>
Subject: [CHRISTIANUNITY] "changing this constitution" and Right of Election
The People of the several states, once they
are admitted to the Union, are free under the
Tenth Amendment to adopt entirely new constitutions,
with one proviso: the proposed new constitutions
must be Republican in Form. We have explored this
question on first impression in Gilbertson's OPENING
BRIEF, because Congress has been remiss in reviewing
amendments to state constitutions, as a rule, after
the states in question were admitted to the Union.
The issue which has brought this negligence to light is
the state requirements that juror and voter registrants be
federal citizens, as a pre-condition to exercising such
fundamental Rights as voting and serving on state juries.
Even if a state's constitution were Republican in Form
upon admission of that state into the Union, its
constitution might not REMAIN Republican in Form,
if the People of that particular state should later
adopt amendments which render it something else again.
The requirement that voters and jurors be federal citizens
is a matter which is now before the 8th Circuit, because it
is a "lien" on the exercise of their fundamental Rights;
specifically, 26 CFR 1.1-1(a) thru (c) regs impose a liability
for the federal income tax on federal citizens, whether
or not they are also state Citizens, regardless of where
these federal citizens might "reside," and despite the fact
that there is no statute, as such, which imposes such a liability
on the classes of people mentioned.
Therefore, these specific regs are an overly broad extension of
the controlling statutes in the Internal Revenue Code ("IRC").
See statutes itemized in the definition of "withholding agent",
by comparison, at IRC 7701(a)(16).
Thus, by attaching such a liability to federal citizenship,
and by requiring declarations of federal citizenship,
under penalty of perjury, as a pre-condition to voting
and/or jury service, these otherwise fundamental Rights
are being "liened upon," when they are un-lien-able [sic]
by definition, and rather directly, in violation of the
requirement that direct taxes be apportioned among the
several states.
The fundamental Law is that Americans do enjoy the Right
of Election, under the Tenth Amendment, and this Right
can be exercised to choose either state Citizenship, federal
Citizenship, both, or neither. The federal law recognizing
the Right of Expatriation says, effectively, the same thing:
the Right of Election is unalienable (read "un-lien-able").
/s/ Paul Mitchell
http://www.supremelaw.com
At 02:16 PM 7/26/97 -0400, you wrote:
>Quote: *for the purpose of readopting, amending, or changing this
>Constitution.*
>
>What does the word *changing* mean in this quote. The quoted is from a
>1792 Constitution.
>
>Thanks for the help.
>
>Jim Bullock
>
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========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
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As agents of the Most High, we came here to establish justice. We shall
not leave, until our mission is accomplished and justice reigns eternal.
========================================================================
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