Paul Andrew Mitchell, Sui Juris

c/o Forwarding Agent at:

350 – 30th Street, #444

Oakland 94609



All Rights Reserved

Without Prejudice











George W. Bush,                  )  Case No. 00-836


          Plaintiff,             )


     v.                          )


Palm Beach Canvassing Board,     )


          Defendant.             )



People of the United States      )  APPLICATION FOR LEAVE

of America ex relatione          )  TO INTERVENE BY RIGHT:

Paul Andrew Mitchell,            )

                                 )  Supremacy Clause;

          Petitioners.           )  28 U.S.C. 2403.



COME NOW the People of the United States of America (“Petitioners”), ex relatione Paul Andrew Mitchell, B.A., M.S., Sui Juris, a Citizen of California State, expressly not a citizen of the United States (hereinafter “federal citizen” [sic]), Federal Witness and Victim (see 18 U.S.C. 1512, 1513), Private Attorney General, and Damaged Party (hereinafter “Relator”), formally to apply to this honorable Court for:  (1) leave to intervene by Right in the instant case, and (2) all other relief which this Court deems just and proper, under the circumstances.



Petitioners hereby make Their formal offer to prove that:


(1)           the voter registration practices in many, if not all, of the 50 States united, exhibit prohibited discrimination against the unique class of American People known as Citizens of ONE OF the United States of America (aka State Citizens) who are not also federal citizens, by “Right of Election”;  see Internet URL:


(2)           those Americans who are qualified to make federal Laws, are not now eligible to vote or to serve on juries, State or federal;  and,


(3)           those Americans who are eligible to vote and serve on State or federal juries, are not now qualified to make federal Laws.


This twisted situation violates the fundamental Principle of Equal Protection of the Law.

See Qualifications Clauses, in chief, at Article I, Section 2, Clause 2 (“1:2:2”), and Article I, Section 3, Clause 3 (“1:3:3”) in the Constitution for the United States of America, as lawfully amended (hereinafter “U.S. Constitution”).  These Clauses have never been amended.  See also Article II, Section 1, Clause 5 (“2:1:5”) as applied to Plaintiff in the instant case.



In the interests of economy and convenience to all, Petitioners hereby formally incorporate the following Internet documents by reference, as if set forth fully herein:

Gilbertson’s OPENING BRIEF and related supplements, to wit:  (.25” top/bottom margins) (.25” top/bottom margins)  (.25” top/bottom margins)


Petitioners respectfully direct the undivided attention of this honorable Court to the pertinent discussion of the Guarantee Clause in Gilbertson’s OPENING BRIEF supra.



Petitioners argue that the Guarantee Clause, and the fundamental Principle of Equal Protection, are both systematically violated when State Citizens (like Relator) are prevented from electing Their Representatives in Congress solely because those Citizens lawfully decline to accept, or to exercise, a foreign municipal franchise domiciled in the District of Columbia.  See Murphy v. Ramsey, 114 U.S. 15 (1885).

Strictly speaking, citizenship is a term of municipal law.  See Roa v. Collector [cite omitted], among others.



Assuming that the instant APPLICATION is granted timely, Petitioners provide formal NOTICE to all interested Parties of Their specific intent to apply also for leave to institute Quo Warranto proceedings against the voter registration practices in all Union States which continue to discriminate against those State Citizens (like Relator) who are not also federal citizens, by “Right of Election” [sic].  See Maine Supreme Court [cite omitted].

Relator is a notorious victim of such demonstrably unlawful discrimination.  See Equal Protection provisions in the Universal Declaration of Human Rights, and in the International Covenant on Civil and Political Rights, both rendered supreme Law by the Supremacy Clause in the U.S. Constitution.



There are two (2) classes of citizenship under American Laws never repealed:


(1)           Citizen of the United States (aka State Citizen)

(2)           citizen of the United States (aka federal citizen)


Confer at “Federal citizenship” in Black’s Law Dictionary, Sixth Edition.  See also Pannill v. Roanoke [cite omitted], a case which is both definitive and dispositive: federal citizens were not even contemplated when the U.S. Constitution was first adopted.

Prior to 1866, there was only one class of State Citizens.

After 1866, there were two classes of citizens -– State and federal.

The customary legal nomenclature for both classes produces a homonym, i.e. both terms sound exactly the same when uttered verbally, causing ambiguity.

Webster’s New Collegiate Dictionary defines “ambiguous” to mean “capable of being understood in two or more possible senses.”

Congress could, and should, have utilized the unique term “federal citizen” instead of the term “citizen of the United States” in order to avoid the obvious (and deliberate) ambiguity.

That ambiguity resulted from changing the UPPER-CASE “C” in “Citizen” as found in the Qualifications Clauses, to the lower-case “c” in “citizen” as found in the 1866 Civil Rights Act -– a municipal statute.  See Roa v. Collector supra.

Adding to the ambiguity, the term “United States” has three (3) separate legal meanings, all different from each other.  Confer at “United States” in Black’s supra.

The term “United States” in the Qualifications Clauses means “States united”.  See People v. De La Guerra [cite omitted], as cited in Gilbertson’s OPENING BRIEF supra.

The term “United States” as found in the term “citizen of the United States” means the federal zone in the 1866 Civil Rights Act and in all subsequent legislation declaratory of that pre-existing Law.

“Congress … cannot by legislation alter the [U.S.] Constitution, from which alone it derives its power to legislate, and within whose limitations alone that power can be lawfully exercised.”  Eisner v. Macomber, 252 U.S. 189.

Therefore, the proper construction and common understanding of the Qualifications Clauses have never, ever been altered by any federal statutes.  See Ex parte Knowles [cite omitted].

Did Plaintiff lawfully register to vote, if He is qualified by Law to serve in the office of President?



All premises having been duly considered, Petitioners respectfully request:  (1) leave of this honorable Supreme Court to intervene by Right in the instant case;  and, (2) all other relief which this Court deems just and proper, under the circumstances.



Relator hereby verifies, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1) (the “outside” option).


Dated:   November 28, 2000 A.D.


Signed:  /s/ Paul Andrew Mitchell

Printed: Paul Andrew Mitchell, B.A., M.S., Sui Juris



I, Paul Andrew Mitchell, Relator, do declare that on this date, November 28, 2000 A.D., I served the attached APPLICATION FOR LEAVE TO INTERVENE BY RIGHT on each Party to the above proceeding, and on every other person required to be served, by depositing an envelope containing said APPLICATION in the United States mail properly addressed to each of them, and with first-class postage prepaid, and also by facsimile transmission to those Party(s) whose fax number(s) are shown below:


George W. Bush, Plaintiff

c/o Office of the Governor

State Capitol

Austin, Texas


Fax: (512) 463-1849

Tel: (512) 463-2000



Palm Beach Canvassing Board

Attention:  County Attorney

301 N. Olive Avenue

West Palm Beach 33401



Tel: (561) 355-2225



Office of the Vice President

c/o The White House

1600 Pennsylvania Avenue

Washington, D.C.



Courtesy Copies:


Judge Alex Kozinski (supervising)

Ninth Circuit Court of Appeals

125 S. Grand Avenue, Suite 200

Pasadena, California


Solicitor General

950 Pennsylvania Avenue, N.W., Room 5614

Washington 20530-0001



Katherine Harris

Secretary of State

Florida Department of State

PL-02, State Capitol

Tallahassee 32399-0250



Tel: (850) 414-5500




House of Representatives

State Capitol

Tallahassee, Florida



Dated:    November 28, 2000 A.D.



Signed:   /s/ Paul Andrew Mitchell


Printed:  Paul Andrew Mitchell, B.A., M.S., Sui Juris