Saturday, June 06, 2009

The Tenth Amendment

The 10th Amendment to our Constitution says:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Sounds straight forward and simple, but it is far from that.

Which United States is the Tenth Amendment referring to?

The standing 1945 Supreme Court definition of the term United States:
The term "United States" may be used in any one of several senses:

[1] It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations.
The president represents the sovereign United States[1] in foreign affairs through treaties and such.
[2] It may designate the territory over which the sovereignty of the United States[2] (Congress) extends.
This federal zone, over which the sovereignty of the United States[2] (Congress) extends, is the District of Columbia, the territories and possessions belonging to Congress, and a limited amount of land within the States of the Union, called federal "enclaves". These "enclaves" must have been officially "ceded" to Congress by an explicit act of the State Legislatures involved. A good example is a military base within a state. Congress does not have exclusive jurisdiction over the 50 States. Within the 50 States, Congress only has exclusive jurisdiction over the federal enclaves inside the boundaries of the 50 States.
[3] 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)]

Which one are you a Citizen or citizen of?

You are a Citizen of the United States[1] like you are a Citizen of China. Here you have defined yourself as a National from a Nation with regard to another Nation. It is perfectly OK to call yourself a "Citizen of the United States[1]." This is what everybody thinks the tax statutes are inferring. But notice the capital "C" in Citizen and where it is placed.

You are a United States[2] citizen. Here you have defined yourself as a person residing in the District of Columbia, one of its Territories, or Federal enclaves (area within a Union State) or living abroad, which could be in one of the States of the Union or a foreign country. Therefore you are possessed by the entity United States[2] (Congress) because citizen is small case. This is the "United States[2]" the tax statutes are referring to, Unless stated otherwise, such as 26 USC 6103(b)(5).

You are a Citizen of these United States[3]. Here you have defined yourself as a Citizen of all the 50 States united by and under the Constitution. You are not possessed by the Congress (United States[2]). In this way you have a national domicile, not a State or United States[2] domicile and are not subject to any instrumentality or subdivision of corporate governmental entities.

It is unfortunate that Americans are no longer taught the basic difference between Citizen and citizen, the significance of where the word is positioned in a sentence, or how the United States of America and THE UNITED STATES OF AMERICA are two completely independent and different entities.

It is noticeable that Possessions of the United States[2] and sovereign states of the United States[3] of America are NOT joined under the title of "United States." The president represents the sovereign United States[1] in foreign affairs through treaties, Congress represents the sovereign United States[2] in Territories and Possessions with Rules and Regulations, and the state citizens are the sovereignty of the United States[3] united by and under the Constitution.

So, The tenth amendment is referring to the United States[2] (Congress).

Simply put, The Congress of the United States{2} has no authority over the United States[3] other than those powers granted it by the Constitution of the United States[3]. Laws and regulations created by Congress beyond the powers granted are valid and legal only in the United States[2], namely the District of Columbia, and a few territories and possessions like Guam or Johnston Atoll.

It would then seem that all those tax statutes authorized by the United States[2](Congress) are only valid and enforceable in The United States[2] and its possessions... The District of Columbia, its Territories, and its Federal enclaves.

Fascinating.

The Congress of the United States[2} has no authority whatever to be doing what is is doing today. The president of the United States[1] has none either. The sovereign Citizens of these United States[3] should stand up and tell them so.

The above is my interpretation of how things are, based on a few articles I have read... nothing more.

I may be right, I may be wrong...
But I know your gonna' miss me when I'm gone.

(part of an old boot camp marching ditty)

2 comments:

Astrosmith said...

Yeah. Those arguments are used by tax protestors all the time. They may be correct; we all may be paying taxes that we don't legally have to, because the entity that is being taxed is your name in all caps that is a Puerto Rico corporation or whatever.

Doesn't matter; they will still throw your ass in jail if you don't pay.

Bob said...

Very true...

But knowledge of the situation is necessary before any remedy can be found.

Until we understand the mechanisms the United States[1} and the United States[2] has used to subvert our rights as Citizens of these United States[3], we can't fight them.

Knowledge is power, and as it stands right now... both a Citizen and a citizen has neither.

Of course, there's that nagging suspicion I have that most of them - nowadays - just don't care.

People need to understand the various concepts and definitions of the "United States".

It's not unlike the statement, "Corn is grown in a corn field by a corn farmer."

In each instance, the word "corn" defines something completley different.