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Date: Wed, 12 Nov 1997 07:01:56 -0800
To: Douglas_Whitehouse@providian.com
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: 8 usc section 1481

Yes, Article III, Section 3, in the 
U.S. Constitution, contains a clear
provision which defines treason.

This is one of the few serious crimes
which is defined in the Constitution.
Congress has imposed the death penalty
on certain convictions for treason.

Here, clearly from the context, the
term "United States" is the plural,
collective noun, not the singular
federal government.

The statute you are quoting appears
to be a rewrite of this provision.

/s/ Paul Mitchell

p.s.  It is not proper to refer to the
United States Code as "usc".  You should
use a consistent, well established convention,
such as "U.S.C." or "USC" (in a pinch), and
to preface your use of this abbreviation 
with (hereinafter "U.S.C.") in your pleadings.

At 06:20 PM 11/11/97 -0800, you wrote:
>Paul, notice the wording in paragraph (7): ". . . United States, or to levy
> war against them. . ."
>i.e. "them" connotes "States united".  Also, the loss of nationality by
>taking an oath of office to a foreign
>government OR  political subdivision thereof.
>Doug Whitehouse
>? 1481. Loss of nationality by native-born or naturalized citizen;
>voluntary action; burden of proof; presumptions
>     (a) A person who is a national of the United States whether by birth
>or naturalization, shall lose his nationality by
>     voluntarily performing any of the following acts with the intention of
> relinquishing United States nationality -
>          (1) obtaining naturalization in a foreign state upon his own
>application or upon an application filed by a duly
>          authorized agent, after having attained the age of eighteen
>years; or
>          (2) taking an oath or making an affirmation or other formal
>declaration of allegiance to a foreign state or a political
>          subdivision thereof, after having attained the age of eighteen
>years; or
>          (3) entering, or serving in, the armed forces of a foreign state
>if (A) such armed forces are engaged in hostilities
>          against the United States, or (B) such persons serve as a
>commissioned or non-commissioned officer; or
>          (4)(A) accepting, serving in, or performing the duties of any
>office, post, or employment under the government of
>          a foreign state or a political subdivision thereof, after
>attaining the age of eighteen years if he has or acquires the
>          nationality of such foreign state; or (B) accepting, serving in,
>or performing the duties of any office, post, or
>          employment under the government of a foreign state or a political
> subdivision thereof, after attaining the age of
>          eighteen years for which office, post, or employment an oath,
>affirmation, or declaration of allegiance is required;
>          or
>          (5) making a formal renunciation of nationality before a
>diplomatic or consular officer of the United States in a
>          foreign state, in such form as may be prescribed by the Secretary
> of State; or
>          (6) making in the United States a formal written renunciation of
>nationality in such form as may be prescribed by,
>          and before such officer as may be designated by, the Attorney
>General, whenever the United States shall be in a
>          state of war and the Attorney General shall approve such
>renunciation as not contrary to the interests of national
>          defense; or
>          (7) committing any act of treason against, or attempting by force
> to overthrow, or bearing arms against, the
>          United States, violating or conspiring to violate any of the
>provisions of section 2383 of title 18, or willfully
>          performing any act in violation of section 2385 of title 18, or
>violating section 2384 of title 18 by engaging in a
>          conspiracy to overthrow, put down, or to destroy by force the
>Government of the United States, or to levy war
>          against them, if and when he is convicted thereof by a court
>martial or by a court of competent jurisdiction.
>     (b) Whenever the loss of United States nationality is put in issue in
>any action or proceeding commenced on or after
>     September 26, 1961 under, or by virtue of, the provisions of this
>chapter or any other Act, the burden shall be upon the
>     person or party claiming that such loss occurred, to establish such
>claim by a preponderance of the evidence. Any
>     person who commits or performs, or who has committed or performed, any
> act of expatriation under the provisions of
>     this chapter or any other Act shall be presumed to have done so
>voluntarily, but such presumption may be rebutted upon
>     a showing, by a preponderance of the evidence, that the act or acts
>committed or performed were not done voluntarily.

Paul Andrew Mitchell, Sui Juris      : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA;   M.S.: Public Administration, U.C.Irvine 02
tel:     (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03
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website: http://supremelaw.com       : visit the Supreme Law Library now 05
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best 06
             Tucson, Arizona state   : state zone,  not the federal zone 07
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_____________________________________: Law is authority in written words 09
As agents of the Most High, we came here to establish justice.  We shall 10
not leave, until our mission is accomplished and justice reigns eternal. 11
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