Time: Thu Apr 17 07:27:29 1997
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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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