SOURCE:
Federal and State Withholding Options for Private Employers, section
12, ver. 1.81
The purpose of establishing government is solely
to provide “protection”. Those who wish to be protected by a specific
government must expressly consent to be protected by choosing a domicile
within the civil jurisdiction of that specific government.
- Those who have made such a choice and thereby become “customers”
of the protection afforded by government are called by any of the
following names under the civil laws of the jurisdiction they have
nominated to protect them:
1.1 “citizens”, if they were born somewhere within the country
which the jurisdiction is a part.
1.2 “residents” (aliens) if they were born within the country
in which the jurisdiction is a part
1.3 "inhabitants", which encompasses both "citizens", and "residents"
but excludes foreigners
1.4 "persons".
1.5 "individuals".
-
Those who have not become “customers” or “protected persons” of
a specific government are called by any of the following names within
the civil laws of the jurisdiction they have refused to nominate
as their protector and may NOT be called by any of the names in
item 1 above:
2.1 “nonresidents”
2.2 “transient foreigners”
2.3 "stateless persons"
2.4 "in transitu"
2.5 "transient"
2.6 "sojourner"
In law, the process of choosing a domicile within
the jurisdiction of a specific government is called “animus manendi”.
That choice makes you a consenting party to the “civil contract”, “social
compact”, and “private law” that attaches to and therefore protects
all “inhabitants” and things physically situated on or within that specific
territory, venue, and jurisdiction. In a sense then, your consent
to a specific jurisdiction by your choice of domicile within that jurisdiction
is what creates the "person", "individual", "citizen", "resident", or
"inhabitant" which is the only proper subject of the civil laws passed
by that government. In other words, choosing a domicile within
a specific jurisdiction causes an implied waiver of sovereign immunity,
because the courts admit that the term "person" does not refer to the
"sovereign":
“Since in common
usage, the term person does not include the sovereign, statutes
not employing the phrase are ordinarily construed to exclude it.”
[United States v. Cooper Corporation, 312 U.S. 600 (1941)]
“Sovereignty itself is, of course, not subject to law for
it is the author and source of law;”
[Yick Wo v. Hopkins, 118 U.S. 356 (1886)]
“There is no such thing
as a power of inherent Sovereignty in the government of the United
States. In this country
sovereignty resides in
the People, and Congress can exercise no power which
they have not, by their Constitution entrusted to it: All else is
withheld.”
[Juilliard v. Greenman, 110 U.S. 421 (1884)]
Those who have become customers of government protection
by choosing a domicile within a specific government then owe a duty
to pay for the support of the protection they demand. The method
of paying for said protection is called “taxes”. In earlier times
this kind of sponsorship was called “tribute”.
Both state and federal income taxation is based
almost entirely upon what is called “domicile”. Domicile is a
choice we make that requires our consent and participation, and because
it requires our consent, then becoming a “taxpayer” who owes a tax requires
our consent. We will explain this shortly. An examination
of the Internal Revenue Code and implementing regulations confirms that
there are only two proper legal “persons” who are the subject of the
I.R.C., and that these two “persons” have a “domicile” in the District
of Columbia. By “District of Columbia” as used in
this document, we mean the government of the “United States” and not
the District of Columbia in the geographical sense as used in 26 U.S.C.
§7701(a)(10):
Table 3: Taxable persons under I.R.C.
|
# |
Proper
legal
person?[1]
|
Tax status |
Place of inhabitance |
Declared domicile |
Conditions under which subject to I.R.C. (if they
volunteer)? |
Notes |
|
1 |
Yes |
“citizen” |
District of Columbia |
District of Columbia |
Earnings connected with a “trade or business” within the
District of Columbia while abroad. |
File using IRS Form 2555. See 26 CFR §1.1-1(c )for
imposition of tax. “citizens” living abroad and outside
of federal jurisdiction are referred to as “nationals” but
not “citizens” under 8 U.S.C. §1101(a)(22)(B). |
|
2 |
Yes |
“resident” |
District of Columbia |
District of Columbia |
All income earned within the District of Columbia connected
with a “trade or business” |
See 26 CFR §1.1-1(c ) for imposition of tax. See 26
U.S.C. §7701(b)(1)(A) for definition of “resident” |
|
3 |
No |
“nonresident alien” |
Outside of District of Columbia |
Foreign country, including states of the Union |
Income from within the District of Columbia under
26 U.S.C. §871. |
File using form 1040NR. See 26 U.S.C. §871 for
taxable sources.
26 U.S.C. §7701(b)(1)(B) for definition of “nonresident
alien” |
|
4 |
No |
“alien” |
District of Columbia |
Foreign country, including states of the Union |
Only subject to income taxes on “income” from foreign country
connected with a “trade or business” and coming under an
income tax treaty with the foreign country. |
Do not file. Not subject to the I.R.C. because not
domiciled in the District of Columbia |
[1] See 26 CFR §1.6012-1(a):
Who is required to file.
Options 1 and 2 above have “domicile” within the
District of Columbia as a prerequisite. People born in and domiciled
within states of the Union fall under status 3. If “nationals”
(who are not “citizens” under
8 U.S.C. §1401) living in states have no earnings from the District
of Columbia, then even if they choose to volunteer, they cannot be “liable”
to pay any of their earnings to the IRS. Note also that the “aliens”
mentioned in option 4 above, even if they live in the District of Columbia,
are not even mentioned in the I.R.C. They only become subject
to the code by either becoming involved in a "trade or business", which
is a public office, which is a voluntary activity involving federal
contracts and employment, or by declaring the District of Columbia to
be their legal “domicile”. Making the District of Columbia into
their “domicile” or engaging in a "trade or business" (which is defined
as a public office) are the only two activities that can transform “aliens”
into “residents”
subject to the Internal Revenue Code. “Aliens” or
“nonresident aliens” may voluntarily elect (choose) to treat the District
of Columbia as their domicile and thereby become “residents” in accordance
with the following authorities:
-
26 U.S.C. §6013(g) or (h).
-
26 U.S.C. §7701(b)(4)(B).
-
26 CFR §1.871-1(a).
-
The Foreign Sovereign Immunities Act, 28 U.S.C. §1605(a)(2), which
says that those who conduct “commerce” within the legislative jurisdiction
of the United States (in the federal zone) surrender their sovereign
immunity.
TITLE 28 >
PART IV >
CHAPTER 97 > § 1605
§ 1605. General exceptions to the jurisdictional immunity of
a foreign state
(a) A foreign
state shall not be immune from the jurisdiction of courts of
the United States or of the States in any case—
(2) in which
the action is based upon a commercial activity carried on in
the United States by the foreign state; or upon an act performed
in the United States in connection with a commercial activity
of the foreign state elsewhere; or upon an act outside the territory
of the United States in connection with a commercial activity
of the foreign state elsewhere and that act causes a direct
effect in the United States;
We also caution that a “nonresident alien” can
also unwittingly become a “U.S.
person” with an effective domicile in the District of Columbia by
incorrectly declaring his or her citizenship status on a government
form as that of either a statutory “U.S. citizen” under
8 U.S.C. §1401 or a statutory “resident alien” under
26 U.S.C. §7701(b)(1)(A) , instead of a “national” but not a citizen
under
8 U.S.C. §1101(a)(21) and
8 U.S.C. §1452. This results in a surrender of sovereign immunity
under
28 U.S.C. §1603(b)(3), which says that “U.S. citizens” and “residents”
may not be treated as “foreign states”. This is by far the most
frequent mechanism that your unscrupulous government uses to maliciously
destroy the sovereignty of persons in states of the Union and undermine
the
Separation
of Powers Doctrine: Using ambiguous terms on government forms and
creating and exploiting legal ignorance of the people. This process
by public servants of systematically and illegally destroying the separation
of powers is thoroughly documented below:
Domicile is legally defined as follows. We
also include the definition of “situs” to help clarify its meaning:
"domicile.
A person's legal home. That place where a man has his
true, fixed, and permanent home and principal establishment,
and to which whenever he is absent he has
the intention of
returning. Smith v. Smith, 206 Pa.Super. 310m 213 A.2d 94.
Generally, physical presence within a state and
the intention
to make it one's home are the requisites of establishing a "domicile"
therein. The permanent residence of a person or the place
to which he intends
to return even though he may actually reside elsewhere.
A person may have more than one residence but only one domicile.
The legal domicile of
a person is important since it, rather than the actual residence,
often controls the jurisdiction of the taxing authorities and determines
where a person may exercise the privilege of voting and other legal
rights and privileges."
[Black's Law Dictionary, Sixth Edition, p. 485]
______________________________________________________
"Situs.
Lat. Situation; location; e.g. location or place of crime or business.
Site; position; the place where a thing is considered, for example,
with reference to jurisdiction over it, or the right or power to
tax it. It imports fixedness of location. Situs of property,
for tax purposes, is determined by whether the taxing state has
sufficient contact with the personal property sought to be taxed
to justify in fairness the particular tax. Town of Cady v.
Alexander Const. Co., 12 Wis.2d 236, 107 N.W.2d 267, 270."
Generally, personal property has its taxable "situs" in that
state where owner of it is domiciled. Smith v. Lummus, 149
Fla. 660, 6 So.2d 625, 627, 628. Situs of a trust means place
of performance of active duties of trustee. Campbell v. Albers,
313 Ill.App. 152, 39 N.E.2d 672, 676."
[Black's Law Dictionary, Sixth Edition, p. 1387]
Notice in the definition of "domicile" above and
the absence of the word "consent" and replacing it with the word "intent"
to disguise the true nature of what they are saying. Lawyers and
politicians don't want you to know that they need your consent to make
you into a "taxpayer" with a "domicile" within their jurisdiction, even
though this is in fact the case. More on this later.
An exhaustive academic treatise on the subject
of domicile also candidly admits that there is no all encompassing definition
for "domicile".
§57. Difficulty of Defining Domicil.--
The
difficulty, if not impossibility, of arriving at an entirely satisfactory
definition of domicile has been frequently commented upon.
Lord Alvanley, in Somerville v. Somerville, praised the wisdom of
Bynkershoek in not hazarding a definition; and Dr. Lushington, in
Maltass v. Maltass, speaking of the various attempts of jurists
in this direction, considered himself justified in the remarkable
language of Hertius: "Verum in iis definiendis mirum est quam sudant
doctores." Lord Chelmsford, speaking, as late as 1863, in
the case of Moorhouse v. Lord, says: "The
difficulty of getting a satisfactory definition of domicil, which
will meet every case, has often been admitted, and every attempt
to frame one has hitherto failed."
[Treatise on the Law of Domicil, §57, pp. 93-98;M.W. Jacobs, 1887;
Little Brown and Company
SOURCE:
http://books.google.com/books?id=MFQvAAAAIAAJ&printsec=titlepage]
The above admission is not surprising, given the
fact that the main purpose for inventing the concept of domicile is
to infer or imply consent of the subject to the civil law that has never
expressly been given in writing and cannot be proven to exist.
No government or judge is going to give a definition, because then people
would use that definition to prove that they DON'T have a domicile and
that would destroy the source of all the government's civil and taxing
authority over the people who employ the definition to break the chains
that bind them to their pagan tyrant rulers.
The concept of domicile we inherit primarily from
the feudal Roman law system in which the king or emperor or lord claimed
ownership over all territory entrusted to him or her by divine right.
Everyone occupying said territory therefore became a "subject" of the
king and owed him "allegiance" as compensation for the "privilege" or
franchise associated with use of his property. That allegiance
expressed itself as "tribute" paid to the king, which we know of today
as "taxes". What were once "subjects" of the king in Great Britain
and the Roman Empire are now called "citizens", and we fired the King
when the Declaration of Independence declared all men equal. At
that point, everyone became equal and the sovereign transitioned from
the former King of England to "We the People" as individuals.
Consequently, we no longer have a landlord and the government that serves
us cannot therefore lawfully charge us "rent" for the use of the land
or territory that we occupy if we own it.
"The people of
this State, as the successors of its former sovereign, are entitled
to all the rights which formerly belonged to the King by his prerogative.
Through the medium of their Legislature they may exercise all the
powers which previous to the Revolution could have been exercised
either by the King alone, or by him in conjunction with
his Parliament; subject only to those restrictions which have been
imposed by the Constitution of this State or of the U.S."
[Lansing v. Smith, 21 D. 89., 4 Wendel 9 (1829) (New York)]
"In the United
States the people are sovereign, and the government cannot sever
its relationship to the people by taking away their citizenship."
[Afroyim v. Rusk, 387 US 253 (1967)]
"Strictly speaking, in our republican form of government,
the absolute sovereignty
of the nation is in the people of the nation; and the residuary
sovereignty of each state, not granted to any of its public functionaries,
is in the people of the state.
2 Dall. 471"
[Bouv. Law Dict (1870)]
"The sovereignty of a state does not reside in the persons
who fill the different departments of its government, but in the
People, from whom the government emanated; and they may change it
at their discretion. Sovereignty, then in this country, abides with
the constituency, and not with the agent; and this remark is true,
both in reference to the federal and state government."
[Spooner v. McConnell, 22 F. 939 @ 943]
"In Europe, the Executive is almost synonymous with the Sovereign
power of a State; and, generally, includes legislative and judicial
authority. When, therefore, writers speak of the sovereign,
it is not necessarily in exclusion of the judiciary; and it will
often be found, that when the Executive affords a remedy for any
wrong, it is nothing more than by an exercise of its judicial authority.
Such is the condition
of power in that quarter of the world, where it is too commonly
acquired by force, or fraud, or both, and seldom by compact.
In America, however, the case is widely different.
Our government is founded
upon compact. Sovereignty was, and is, in the people.
It was entrusted by them, as far as was necessary for the purpose
of forming a good government, to the
Federal Convention; and the Convention executed their trust, by
effectually separating the Legislative, Judicial, and Executive
powers; which, in the contemplation of our Constitution, are each
a branch of the sovereignty. The well-being of the whole depends
upon keeping each department within its limits."
[Glass v. Sloop Betsey, 3 U.S. 6, 3 Dall. 6, 1 L.Ed. 485 (1794)]
The U.S. Supreme Court describes the relationship
of domicile to taxation as follows:
"Thus, the Court
has frequently held that domicile or residence, more substantial
than mere presence in transit or sojourn, is an adequate basis for
taxation, including income, property, and death taxes.
Since the Fourteenth Amendment makes one a citizen of the state
wherein he resides,
the fact of residence creates universally reciprocal duties of protection
by the state and of allegiance and support by the citizen. The latter
obviously includes a duty to pay taxes, and their nature and measure
is largely a political matter. Of course, the situs of
property may tax it regardless of the citizenship, domicile, or
residence of the owner, the most obvious illustration being a tax
on realty laid by the state in which the realty is located."
[Miller Brothers Co. v. Maryland,
347 U.S. 340 (1954)]
“This right
to protect persons having a domicile, though not native-born or
naturalized citizens, rests on the firm foundation of justice, and
the claim to be protected is earned by considerations which the
protecting power is not at liberty to disregard.
Such domiciled citizen
pays the same price for his protection as native-born or naturalized
citizens pay for theirs. He is under the bonds of allegiance
to the country of his residence, and, if he breaks them, incurs
the same penalties. He owes the same obedience to the civil
laws. His property is, in the same way and to
the same extent as theirs, liable to contribute to the support of
the Government. In nearly all respects, his and their condition
as to the duties and burdens of Government are undistinguishable.”
[Fong Yue Ting v. United States,
149 U.S. 698 (1893)]
The first thing to notice about the above ruling
is that the essence of being a “citizen” is one’s domicile, not just
their place of birth or naturalization. The U.S. Supreme Court
admitted above that an alien with a domicile in a place is treated as
a native or naturalized “citizen” in nearly every respect. Note
also the key role of the word “intention” within the meaning of domicile.
A person can have many “abodes”, which are the place they temporarily
“inhabit”, but only one legal “domicile”. You cannot have a legal
“domicile” in a place without also having an intention (also called
“consent”) to live there “permanently”, which implies allegiance to
the people and the laws of that place.
“Allegiance and protection
[by the government from harm] are, in this connection, reciprocal
obligations. The one is a compensation for the other; allegiance
for protection and protection for allegiance.”
[Minor v. Happersett,
88 U.S. (21 Wall.) 162, 166-168 (1874)]
What the U.S. supreme Court essentially is describing
above is a contract to procure the civil protection of a specific government,
and it is giving that contract a name called “domicile”. What
makes the contract binding is the fact that each party to the contract
both gives and receives specific and measurable “consideration”.
You give “allegiance” and the support (e.g. “taxes”) that go with that
allegiance, and in return, the government has an implied legal duty
to protect and serve you. All contracts require both mutual consent
and mutual consideration. Without
both demonstrated
elements, the contract is unenforceable. The contract is therefore
only enforceable if both parties incur reciprocal duties that are enforceable
in court as “rights”. Below is how the U.S. Supreme Court again
describes this “protection contract”:
The reason why States are “bodies politic and corporate” is simple:
just as a corporation is an entity that can act only through its
agents, “[t]he State is a political corporate body, can act only
through agents, and can command only by laws.”
Poindexter v. Greenhow, supra, 114 U.S., at 288, 5 S.Ct. at 912-913.
See also Black’s Law Dictionary 159 (5th ed. 1979) (“[B]ody
politic or corporate”: “A social compact by which the whole people
covenants with each citizen, and each citizen with the whole people,
that all shall be governed by certain laws for the common good”).
As a “body politic and corporate,” a State falls squarely within
the Dictionary Act's definition of a “person.”
[Will v. Michigan Dept. of State Police, 491 U.S. 58, 109 S.Ct.
2304 (U.S.Mich.,1989)]
Now let's look at the domicile “protection contract”
or “protection franchise” a little closer. Does it meet all the
requisite legal elements of a legally enforceable contract? In
fact, after you declare your exclusive allegiance to the “state” by
declaring a “domicile” within that state so that you can procure “protection”,
ironically, the courts continue to forcefully insist that your public
SERVANTS STILL have NO LEGAL OBLIGATION to protect you! This is
what Franklin Delano Roosevelt, the traitor, calls “The New Deal”, and
what we call “The RAW Deal”. Below is the AMAZING truth right
from the horse’s mouth, the courts, proving that police officers cannot
be sued if they fail to come to your aid after you call them when you
have a legitimate need for their protection:
Consequently, the “protection contract” is unenforceable
as a duty upon you because it imposes no reciprocal duty upon the government.
On the one hand, the government throws people in jail for failing to
pay for protection in the form of “taxes”, while on the other hand,
it refuses to prosecute police officers for failing to provide the protection
that was paid for, even though their willful or negligent refusal to
protect us could have far more injurious and immediate effects than
simply failing to pay for protection. This is a violation of the
equal protection of the laws. If it is a crime to not pay for
protection, then it ought to equally be a crime to not provide it!
Who would want to live in a country or be part of a “state” that would
condone such hypocrisy? That is why we advocate “divorcing the
state”. It is precisely this type of hypocrisy that explains why
prominent authorities will tell you that taxes are not “contractual”:
because the courts treat it like a contract and a criminal matter to
not pay taxes for “taxpayers”, but refuse to hold public servants equally
liable for their half of the bargain, which is protection:
"A tax is not regarded as a debt in the ordinary sense of
that term, for the reason that a tax does not depend upon the consent
of the taxpayer and there is no express or implied contract to pay
taxes. Taxes are not contracts between party and party, either express
or implied; but they are the positive acts of the government, through
its various agents, binding upon the inhabitants, and to the making
and enforcing of which their personal consent individually is not
required."
[Cooley, Law of Taxation, Fourth Edition, pp. 88-89]
The above is a deception at best and a LIE at worst.
A “taxpayer” is legally defined as a person liable, and it is true that
for such a person, taxes are not consensual or in any way "voluntary".
HOWEVER, the choice about whether one wishes to BECOME a “taxpayer”
as legally defined in 26 U.S.C. §7701(a)(14) is based on domicile and
the excise taxable activities one voluntarily engages in, both of which
in fact ARE voluntary actions and choices. By their careful choice
of words, they have misrepresented the truth so they could get into
your pocket. What else would you expect of greedy LIARS, I mean
“lawyers”? We would also like to take this opportunity to clarify
for whom taxes are "voluntary" in order to further clarify the title
of this document:
- Income taxes under I.R.C. Subtitle A are
not voluntary
for "taxpayers".
- Income taxes under I.R.C. Subtitle A are
not voluntary
for everyone,
because some subset of everyone are "taxpayers".
- Income taxes under I.R.C. Subtitle A are voluntary for those
who are "nontaxpayers", who we define here as those persons who
are NOT the "taxpayer" defined in 26 U.S.C. §§7701(a)(14) and 1313.
“Revenue Laws relate to taxpayers [officers, employees, instrumentalities,
and elected officials of the Federal Government] and not to non-taxpayers
[American Citizens/American Nationals not subject to the exclusive
jurisdiction of the Federal Government]. The latter are without
their scope. No procedures are prescribed for non-taxpayers
and no attempt is made to annul any of their Rights or Remedies
in due course of law. With them [non-taxpayers] Congress does
not assume to deal and they are neither of the subject nor of the
object of federal revenue laws.”
[Economy Plumbing & Heating v. U.S., 470 F2d. 585 (1972)]
Some other points to consider about this “Raw Deal”
scam:
- You can’t be a “citizen” or a “resident” without having a legally
enforceable right to protection.
- Since the government won’t enforce the rendering of the ONLY
consideration required to make you a “citizen” or a “resident”,
then the protection contract is unenforceable and technically, you
can’t lawfully therefore call yourself a “citizen”.
- Since you can’t be a member of a “state” without being a “citizen”,
then technically, there is no de jure “state”, no de jure government
that serves this “state”, and no “United States”. It’s just
“US”, friends, cause there ain’t no “U.S.”!
- The implication is that your government has legally abandoned
you and you are an orphan, because they didn’t complete their half
of the protection contract bargain. Without a government,
God is back in charge. The Bible says He owns the earth anyway,
which leaves us as “nonresidents” and “transient foreigners” in
respect to any jurisdiction that claims to be a “government” because
we know they’re lying.
- The Bible says of this “Raw Deal” the following: You've
been HAD, folks!
For thus says
the LORD: “ You have sold yourselves for nothing, And you shall
be redeemed without money.”
[Isaiah 52:3, Bible, NKJV]
The U.S. Supreme Court has also held that “allegiance”
is completely incompatible with any system of “citizenship” in a republican
form of government, and that it is “repulsive”. Ironically, allegiance
is exactly what we currently base our system of citizenship on in this
country. Apparently, this is yet one more symptom that our government
has become corrupted.
“Yet, it is to be remembered, and that whether in its real
origin, or in its artificial state, allegiance, as well as fealty,
rests upon lands, and it is due to persons. Not so, with respect
to Citizenship, which has arisen from the dissolution of the feudal
system and is a substitute for allegiance, corresponding with the
new order of things.
Allegiance and citizenship,
differ, indeed, in almost every characteristic. Citizenship is the
effect of compact [CONTRACT!]; allegiance is the offspring of power
and necessity. Citizenship is a political tie; allegiance is a territorial
tenure. Citizenship is the charter of equality; allegiance is a
badge of inferiority. Citizenship is constitutional; allegiance
is personal. Citizenship is freedom; allegiance is servitude. Citizenship
is communicable; allegiance is repulsive. Citizenship may be relinquished;
allegiance is perpetual. With such essential differences, the doctrine
of allegiance is inapplicable to a system of citizenship; which
it can neither serve to controul, nor to elucidate. And
yet, even among the nations, in which the law of allegiance is the
most firmly established, the law most pertinaciously enforced, there
are striking deviations that demonstrate the invincible power of
truth, and the homage, which, under every modification of government,
must be paid to the inherent rights of man…..The
doctrine is, that allegiance cannot be due to two sovereigns; and
taking an oath of allegiance to a new, is the strongest evidence
of withdrawing allegiance from a previous, sovereign….”
[Talbot v. Janson, 3 U.S. 133 (1795)]
Consequently, we must conclude that allegiance
to anything but God is therefore to be avoided at all costs. Notice
also that they say that citizenship is the effect of “compact”, which
is a type of contract. If “domicile” is the basis of citizenship,
and citizenship is the effect of “compact”, then “domicile” amounts
to the equivalent of a “contract”. This leads us right back to
the conclusion that the voluntary choice of one’s “domicile” is a “contract”
to procure man-made protection and fire God as our protector:
“Compact,
n. An agreement or contract between persons, nations, or states.
Commonly applied to working agreements between and among states
concerning matters of mutual concern. A contract between parties,
which creates obligations and rights capable of being enforced and
contemplated as such between the parties, in their distinct and
independent characters. A mutual consent of parties concerned
respecting some property or right that is the object of the stipulation,
or something that is to be done or forborne. See also Compact
clause; Confederacy; Interstate compact; Treaty.”
[Black’s Law Dictionary, Sixth Edition, p. 281]
The Bible is consistent with the Supreme Court
above in its disdain for “allegiance”. It has a name for those
expressing "allegiance": It is called an "oath". When a person
becomes a naturalized citizen of the United States, he must by law (see
8 U.S.C. 1448) take an “oath” of "allegiance" and be "sworn in".
When a person signs an income tax return, he must swear a perjury oath.
Jesus, on the other hand, commanded believers not to take "oaths" to
anything but God, and especially not to earthly Kings, and said that
doing otherwise was essentially Satanic:
"Again you have heard that it was said to those of old, "You
shall not swear falsely, but shall perform your oaths to the Lord.'
But I say to you, do
not swear at all: neither by heaven, for it is God's throne; nor
by the earth, for it is His footstool; nor by Jerusalem, for it
is the city of the great King. Nor shall you swear by
your head, because you cannot make one hair white or black. But
let your "Yes' be "Yes,' and your "No,' "No.'
For whatever is more
than these is from the evil one [Satan]."
[Matt.
5:33-37, Bible, NKJV]
God also commanded us to take oaths ONLY in His
name and no others:
"You shall fear the LORD your God and serve [only] Him, and
shall take oaths in His name."
[Deut.
6:13, Bible, NKJV]
"If a man makes a vow to the LORD, or swears an oath
to bind himself by some agreement, he shall not break his word;
he shall do according to all that proceeds out of his mouth."
[Numbers
30:2, Bible, NKJV]
Israel's first King, Saul, in fact, distressed
the people because one of his first official acts was to try to put
the people under oath to him instead of God.
"And the men of Israel were distressed that day, for Saul
had placed the people under oath"
[
1 Sam. 14:24, Bible, NKJV]
God's response to the
Israelites electing a King/protector to whom they would owe "allegiance",
in fact, was to say that they sinned:
Then all the elders of Israel gathered together and came to
Samuel at Ramah, and said to him, "Look, you are old, and your sons
do not walk in your ways.
Now make us a king to judge
us like all the nations [and be OVER them]".
But the thing displeased Samuel when they said, "Give
us a king to judge us." So Samuel prayed to the Lord.
And the Lord said to
Samuel, "Heed the voice of the people in all that they say to you;
for they have rejected Me [God], that I should not reign over them.
According to all the works which they have done since the day that
I brought them up out of Egypt, even to this day—with
which they have forsaken Me and served other gods [Kings, in this
case]—so they are doing to you also [government becoming
idolatry]. Now therefore, heed their voice.
However, you shall solemnly
forewarn them, and show them the behavior of the king who will reign
over them."
So Samuel told all the words of the LORD to the people who asked
him for a king. And he said, “This
will be the behavior of the king who will reign over you: He will
take [STEAL] your sons and appoint them for his own chariots and
to be his horsemen, and some will run before his chariots. He will
appoint captains over his thousands and captains over his fifties,
will set some to plow his ground and reap his harvest, and some
to make his weapons of war and equipment for his chariots. He will
take [STEAL] your daughters to be perfumers, cooks, and bakers.
And he will take [STEAL] the best of your fields, your vineyards,
and your olive groves, and give them to his servants. He will take
[STEAL] a tenth of your grain and your vintage, and give it to his
officers and servants. And he will take [STEAL] your male servants,
your female servants, your finest young men, and your donkeys, and
put them to his work [as SLAVES]. He will take [STEAL] a tenth of
your sheep. And you will be his servants. And you will cry out in
that day because of your king whom you have chosen for yourselves,
and the LORD will not hear you in that day.”
Nevertheless the people refused to obey the voice of Samuel;
and they said, “No, but we will have a king over us,
20 that we also may be like all the
nations, and that our king may judge us and go out before us and
fight our battles.”
[
1 Sam. 8:4-20, Bible, NKJV]
Notice above the words "He [the new King] will
take...". God is really warning them here that the King they elect
will STEAL from them, which is exactly what our present day government
does! Some things never change, do they?
Another very important observation is in order
at this point, which is that our choice of "domicile" is a strictly
political and not legal matter. It is a matter of
our political choice and affiliation. The Supreme
Court has ruled that no government may dictate our choice of political
affiliations, as revealed in the American Jurisprudence Legal Encyclopedia:
“The right to associate or not to associate with others solely
on the basis of individual choice, not being absolute,
[1]
may conflict with a societal interest in requiring one to associate
with others, or to prohibit one from associating with others, in
order to accomplish what the state deems to be the common good.
The Supreme Court, though
rarely called upon to examine this aspect of the right to freedom
of association, has nevertheless established certain basic rules
which will cover many situations involving forced or prohibited
associations. Thus, where a sufficiently compelling state
interest, outside the political spectrum, can be accomplished only
by requiring individuals to associate together for the common good,
then such forced association is constitutional.
[2]
But the Supreme Court has
made it clear that compelling an individual to become a member of
an organization with political aspects, or compelling an individual
to become a member of an organization which financially supports,
in more than an insignificant way, political personages or goals
which the individual does not wish to support, is an infringement
of the individual's constitutional right to freedom of association.
[3] The First
Amendment prevents the government, except in the most compelling
circumstances, from wielding its power to interfere with its employees'
freedom to believe and associate, or to not believe and not associate;
it is not merely a tenure provision that protects public employees
from actual or constructive discharge.
[4] Thus, First
Amendment principles prohibit a state from compelling any individual
to associate with a political party, as a condition of retaining
public employment.
[5] The First
Amendment protects nonpolicymaking public employees from discrimination
based on their political beliefs or affiliation.
[6] But the
First Amendment protects the right of political party members to
advocate that a specific person be elected or appointed to a particular
office and that a specific person be hired to perform a governmental
function. [7]
In the First Amendment context, the political patronage exception
to the First Amendment protection for public employees is to be
construed broadly, so as presumptively to encompass positions placed
by legislature outside of "merit" civil service. Positions specifically
named in relevant federal, state, county, or municipal laws to which
discretionary authority with respect to enforcement of that law
or carrying out of some other policy of political concern is granted,
such as a secretary of state given statutory authority over various
state corporation law practices, fall within the political patronage
exception to First Amendment protection of public employees.
[8]
However, a supposed interest in ensuring effective government and
efficient government employees, political affiliation or loyalty,
or high salaries paid to the employees in question should not be
counted as indicative of positions that require a particular party
affiliation.
[9]”
[American Jurisprudence
2d, Constitutional law,
§546: Forced and Prohibited
Associations ]
One’s choice of "domicile" certainly has
far-reaching legal consequences and ramifications, but our choice of
domicile is not a legal matter to be decided by any court. No
court whether it be a federal or state court, has jurisdiction over
strictly political matters. Below is what the U.S. Supreme
Court has to say on this very subject:
"But, fortunately for our freedom from political excitements
in judicial duties, this
court [the U.S. Supreme Court] can never with propriety be called
on officially to be the umpire in questions merely political.
The adjustment of these questions belongs to the people and their
political representatives, either in the State or general government.
These questions relate
to matters not to be settled on strict legal principles.
They are adjusted rather by inclination, or prejudice or compromise,
often.
[. . .]
Another evil,
alarming and little foreseen, involved in regarding these as questions
for the final arbitrament of judges would be that, in such an event,
all political privileges and rights would, in a dispute among the
people, depend on our decision finally. We would possess the power
to decide against, as well as for, them, and, under a prejudiced
or arbitrary judiciary, the public liberties and popular privileges
might thus be much perverted, if not entirely prostrated.
But, allowing the people to make constitutions and unmake them,
allowing their representatives to make laws and unmake them, and
without our interference as to their principles or policy in doing
it, yet, when constitutions and laws are made and put in force by
others, then the courts, as empowered by the State or the Union,
commence their functions and may decide on the rights which conflicting
parties can legally set up under them, rather than about their formation
itself. Our power begins
after theirs [the Sovereign People] ends. Constitutions and laws
precede the judiciary, and we act only under and after them, and
as to disputed rights beneath them, rather than disputed points
in making them. We speak what is the
law, jus dicere, we speak or construe what is the constitution,
after both are made, but we make, or revise, or control neither.
The disputed rights beneath constitutions
already made are to be governed by precedents, by sound legal principles,
by positive legislation [e.g. "positive
law"], clear contracts, moral duties,
and fixed rules; they are per se questions of law, and are well
suited to the education and habits of the bench.
But the other disputed points in making constitutions, depending
often, as before shown, on policy, inclination, popular resolves
and popular will and arising not in respect to private rights, not
what is meum and tuum, but in relation to politics, they belong
to politics, and they are settled by political tribunals, and are
too dear to a people bred in the school of Sydney and Russel for
them ever to intrust their final decision, when disputed, to a class
of men who are so far removed from them as the judiciary, a class
also who might decide them erroneously, as well as right, and if
in the former way, the
consequences might not be able to be averted except by a revolution,
while a wrong decision by a political forum can often be peacefully
corrected by new elections or instructions in a single month; and
if the people, in the distribution of powers under the constitution,
should ever think of making judges supreme arbiters in political
controversies when not selected by nor, frequently, amenable to
them nor at liberty to follow such various considerations in their
judgments as [48 U.S. 53] belong to mere political questions, they
will dethrone themselves and lose one of their own invaluable birthrights;
building up in this way -- slowly, but surely -- a new sovereign
power in the republic, in most respects irresponsible and unchangeable
for life, and one more dangerous, in theory at least, than the worst
elective oligarchy in the worst of times.
Again, instead of controlling
the people in political affairs,
the judiciary in our
system was designed rather to control individuals, on the one hand,
when encroaching, or to defend them, on the other, under the Constitution
and the laws, when they are encroached upon. And
if the judiciary at times seems to fill the important station of
a check in the government, it is rather a check on the legislature,
who may attempt to pass laws contrary to the Constitution, or on
the executive, who may violate both the laws and Constitution, than
on the people themselves in their primary capacity as makers and
amenders of constitutions."
[Luther v. Borden,
48 U.S. 1 (1849)]
Consequently, no court of law can interfere with
your choice of legal domicile, which is a strictly political matter.
To do otherwise would constitute compelled association in violation
of the First Amendment as well as direct interference in the affairs
of a political party, which is YOU. You are your own independent
political party and a sovereignty separate and distinct from the federal
or state sovereignties. A court of law is certainly not
the proper forum, for instance, in which to question or politically
ridicule one's choice of domicile, whether it be in front of a jury
or a judge.
"Petitioners contend that immunity from suit in federal court
suffices to preserve the dignity of the States.
Private suits against
nonconsenting States, however, present "the indignity of subjecting
a State to the coercive process of judicial tribunals at the instance
of private parties," In re Ayers, supra,
at 505; accord, Seminole Tribe,
517 U. S., at 58 , regardless of the forum. Not only must a
State defend or default but also it must face the prospect of being
thrust, by federal fiat and against its will, into the disfavored
status of a debtor, subject to the power of private citizens to
levy on its treasury or perhaps even government buildings or property
which the State administers on the public's behalf.
[. . .]
"Underlying constitutional form are considerations of great
substance. Private suits
against nonconsenting States--especially suits for money damages--may
threaten the financial integrity of the States. It is indisputable
that, at the time of the founding, many of the States could have
been forced into insolvency but for their immunity from private
suits for money damages. Even today, an unlimited congressional
power to authorize suits in state court to levy upon the treasuries
of the States for compensatory damages, attorney's fees, and even
punitive damages could create staggering burdens, giving Congress
a power and a leverage over the States that is not contemplated
by our constitutional design. The potential national power would
pose a severe and notorious danger to the States and their resources.
"
[Alden v. Maine,
527 U.S. 706 (1999)]
The Supreme Court said that the sovereignty of
We The People is every bit as sacred as that of the states, so why should
they not merit the same level of sovereign immunity from suit
and dignity, especially in their choice of domicile, as that of the
States? To wit:
“The rights of
individuals and the justice due to them, are as dear and precious
as those of states. Indeed the latter are founded upon
the former; and the great end and object of them must be to secure
and support the rights of individuals, or else vain is government.”
[Chisholm v. Georgia, 2 U.S. (2 Dall.) 419, 1 L.Ed 440 (1793)]
“We The People” certainly cannot be “Sovereign”
in any sense of the word if legal process can be maliciously and habitually
abused by the government at great financial injury and inconvenience
to them in the process of questioning or ridiculing their choice of
domicile. In spite of this fact, this very evil happens daily
in state and federal courts in the context of tax trials. We cannot
restore the sovereignty of the people unless and until this chronic
malicious abuse of legal and judicial process is ended immediately.
Below is the ONLY
definition of “residence” found anywhere in the Internal Revenue Code.
The definition does not begin with qualifying language such as “for
the purposes of this section” or “for the purposes of this chapter”.
Therefore, it is a universal definition that applies throughout the
Internal Revenue Code and Treasury Regulations. Note also that
the definition is provided ONLY in the context of an “alien”.
Therefore, “citizens” or "nationals" cannot have a “residence”.
This is VERY important and is completely consistent with the fact that
the only kind of “resident”
defined anywhere in the Internal Revenue Code (see
26 U.S.C. §7701(b)(1)(A)) is an “alien”:
Title 26: Internal Revenue
PART 1—INCOME TAXES
nonresident alien individuals
§ 1.871-2 Determining residence of alien individuals.
(b) Residence defined.
An alien actually present in the
United States who is not a mere transient or sojourner is a resident
of the United States for purposes of the income tax.
Whether he is a transient
is determined by his intentions with regard to the length and nature
of his stay. A mere floating intention, indefinite as
to time, to return to another country is not sufficient to constitute
him a transient. If he lives in the United States and has no definite
intention as to his stay, he is a resident.
One who comes to the United
States for a definite purpose which
in its nature may be promptly accomplished is a transient
but, if his purpose is of such a nature that an extended stay may
be necessary for its accomplishment, and to that end the alien makes
his home temporarily in the United States, he becomes a resident,
though it may be his intention at all times to return to his domicile
abroad when the purpose for which he came has been consummated or
abandoned. An alien whose stay in the United States is limited to
a definite period by the immigration laws is not a resident of the
United States within the meaning of this section, in the absence
of exceptional circumstances.
The phrase "definite purpose" is important in the
definition of "residence" above. Those who have a definite purpose
because of their eternal covenant with God and their contractual relationship
to Him described in the Bible and who know they are only here temporarily
can only be classified as "transients" above. This explains
why our rulers in government want to get God out of the schools and
out of public life: so that the sheep will have no purpose in life
other than to serve them and waste themselves away in vain and
sinful material pursuits.
"Then I hated all my labor in which I had toiled under the
sun, because I must leave it to the man who will come after me.
And who knows whether
he will be wise or a fool? Yet he will rule over all my labor in
which I toiled and in which I have shown myself wise under the sun.
This also is vanity. Therefore I turned my heart and
despaired of all the labor in which I had toiled under the sun.
For there is a man whose
labor is with wisdom, knowledge, and skill; yet he must leave his
heritage to a man who has not labored for it. This also is vanity
and a great evil. For what has man for all his labor,
and for the striving of his heart with which he has toiled under
the sun? For all his days are sorrowful, and his work burdensome;
even in the night his heart takes no rest. This also is vanity."
[
Eccl. 2:18-23, Bible, NKJV]
Only you, the Sovereign, can determine your “intention”
in the context of "residence". Notice the words “definite purpose”,
“transient” and “temporary” in the definition of "residence" above are
nowhere defined in the law, which means that you, and not
your public servants, define them. If you do not intend to remain
in the “United
States”, which is defined as ONLY the District of Columbia in
26 U.S.C. §7701(a)(9) and (a)(10) and not expanded elsewhere in
Subtitle A to include any other place, then you can’t be counted as
a “resident”,
even if you are in fact an “alien”. The government cannot determine
your intention for you. An intention that is not voluntary is
not an intention, but simply a reaction to unjust external authority.
This is the basis for why the Supreme Court said:
“The citizen cannot
complain [about the laws or the tax system], because he has voluntarily
submitted himself to such a form of government. He owes
allegiance to the two departments, so to speak, and within their
respective spheres must pay the penalties which each exacts for
disobedience to its laws. In return, he can demand protection from
each within its own jurisdiction.”
[United States v. Cruikshank,
92 U.S. 542 (1875) [emphasis added]]
The California Election
Code, Section 349 further clarifies the distinctions between “domicile”
and “residence” as follows:
California Election Code, section 349:
349. (a) "Residence"
for voting purposes means a person's domicile.
(b) The
domicile of a person
is that place in which his or her habitation is fixed, wherein the
person has the intention of remaining, and to which, whenever he
or she is absent, the person has the intention of returning.
At a given time, a person may have only one domicile.
(c) The
residence of a person
is that place in which the person's habitation is fixed for some
period of time, but wherein he or she does not have the intention
of remaining. At a given time, a person may have more than
one residence.
The above definition is consistent with the analysis
earlier in this section, but don't make the false assumption that the
above definitions apply within income tax codes, because they DON'T.
Only statutory "citizens" who have a domicile within the forum can be
the subject of the above statute relating to voting and elections, while
the Internal Revenue Code Subtitle A applies exclusively to privileged
aliens who have a domicile or tax home on federal territory: two COMPLETELY
different audiences of people, for which the terms are NOT interchangeable.
A "residence" in the I.R.C. is the temporary abode of a privileged alien,
while a "residence" in the election code is the temporary abode of a
non-privileged Sovereign American National. The worst mistake
that you can make as a person born in your country is to believe or
think that laws written only for "aliens" or "resident aliens" apply
to you. The only types of persons the federal government can write
laws for in a state of the Union, in fact, are aliens.
In accord with
ancient principles of the international law of nation-states, the
Court in The Chinese Exclusion Case,
130 U.S. 581, 609 (1889), and in Fong Yue Ting v. United States,
149 U.S. 698 (1893), held broadly, as the Government describes
it, Brief for Appellants 20, that the power to exclude aliens
is "inherent in sovereignty, necessary for maintaining normal international
relations and defending the country against foreign encroachments
and dangers - a power to be exercised exclusively by the political
branches of government . . . ." Since that time, the Court's general
reaffirmations of this principle have
[408
U.S. 753, 766] been
legion. The Court without
exception has sustained Congress' "plenary power to make rules for
the admission of aliens and to exclude those who possess those characteristics
which Congress has forbidden." Boutilier v. Immigration and Naturalization
Service,
387 U.S. 118, 123 (1967). "[O]ver no conceivable subject is
the legislative power of Congress more complete than it is over"
the admission of aliens. Oceanic Navigation Co. v. Stranahan,
214 U.S. 320, 339 (1909).
[
Kleindienst v. Mandel, 408 U.S. 753 (1972)]
If you are born in a state of the Union and have
a domicile there and not on federal territory, federal laws CANNOT
and DO NOT apply to you. The only exception is if you contract
away your rights and sovereignty by pursuing a federal government benefit,
such as Social Security, Medicare, federal employment, etc. Otherwise,
We the People are Sovereign over their public servants:
"The ultimate
authority ... resides in the people alone."
[James Madison,
The Federalist,
No. 46.]
"...
The governments are but
trustees acting under derived authority and have no power to delegate
what is not delegated to them. But the people, as
the original fountain might take away what they have delegated and
intrust to whom they please. ...The sovereignty in every state resides
in the people of the state and they may alter and change their form
of government at their own pleasure."
[Luther v. Borden,
48 U.S. 1, 12 LEd 581 (1849)]
"While sovereign
powers are delegated to ... the government, sovereignty itself remains
with the people.."
[Yick Wo v. Hopkins,
118 U.S. 356 (1886)]
"There is no
such thing as a power of inherent sovereignty in the government
of the United States .... In this country sovereignty resides in
the people, and Congress can exercise no power which they
have not, by their Constitution entrusted to it: All else is withheld."
[Juilliard v.
Greenman, 110 U.S. 421 (1884)]
“In the United
States***, sovereignty resides in the people who act through
the organs established by the Constitution. [cites omitted]
The Congress as the instrumentality of sovereignty is
endowed with certain powers to be exerted on behalf of the people
in the manner and with the effect the Constitution ordains.
The Congress cannot invoke the sovereign power of the
people to override their will as thus declared.”
[Perry v. United
States,
294 U.S. 330, 353 (1935)]
“The
rights of the individual are not derived from governmental agencies,
either municipal, state or federal, or even from the Constitution.
They exist inherently in
every man, by endowment of the Creator, and are merely reaffirmed
in the Constitution, and restricted only to the extent that they
have been voluntarily surrendered by the citizenship to the agencies
of government. The people's rights are not derived from
the government, but the government's authority comes from the people.*946
The Constitution but states again these rights already existing,
and when legislative encroachment by the nation, state, or municipality
invade these original and permanent rights, it is the duty of the
courts to so declare, and to afford the necessary relief. The fewer
restrictions that surround the individual liberties of the citizen,
except those for the preservation of the public health, safety,
and morals, the more contented the people and the more successful
the democracy.”
[City of Dallas v Mitchell, 245 S.W.
944 (1922)]
The law and government that a person voluntarily
consents or “intends” to be subject to determines where their “legal
home” is under this concept. This choice must be completely voluntary
and not subject to coercion or intimidation because all just powers
of any free government derive from the "consent of the governed", as
the Declaration of Independence indicates. This form of consent
is called "allegiance" in the legal field. A voluntary choice
of allegiance to a place amounts to a choice to join or associate with
a group of people called a "state" and to respect, be subject to, and
obey all positive laws passed by the citizens who dwell there.
The First Amendment guarantees us a right of free association, and therefore,
only we can choose the group of people we wish to associate with and
be protected by as a result of choosing a "domicile". The First
Amendment also guarantees us a right of freedom from "compelled association",
which is the act of forcing a person to join or be part of any group,
including a "state".
Just as there is freedom to speak, to associate, and to believe,
so also there is freedom not to speak, associate, or believe.
"The right to speak and the right to refrain from speaking [on
a government tax return, and in violation of the
Fifth Amendment when coerced, for instance] are complementary
components of the broader concept of 'individual freedom of mind.''
Wooley v. Maynard [430 U.S. 703] (1977). Freedom of conscience
dictates that no individual may be forced to espouse ideological
causes with which he disagrees:
"[A]t the heart of the
First Amendment is the notion that the individual should
be free to believe as he will, and that in a free society one's
beliefs should be shaped by his mind and by his conscience rather
than coerced by the State [through illegal enforcement of the
revenue laws]."
Abood v. Detroit Board of Education [431 U.S. 209] (1977)
Freedom from compelled
association is a vital component of freedom of expression.
Indeed, freedom from compelled association illustrates the significance
of the liberty or personal autonomy model of the
First Amendment.
As a general constitutional
principle, it is for the individual and not for the state to choose
one's associations and to define the persona which he holds out
to the world.
[First
Amendment Law, Barron-Dienes, West Publishing, ISBN 0-314-22677-X,
pp. 266-267]
Therefore, no government has lawful authority to
compel us to choose a "domicile" that is within its legislative jurisdiction
or to have allegiance towards it, because that would be compelled association.
The right to choose what political group or country we wish to join
and have allegiance to and protection from also implies that we can
reject all the earthly options and simply elect to join God's followers
and be subject ONLY to His laws. This type of government would
be called a "theocracy". This, in fact, is the goal of this entire
publication: Establishing an ecclesiastical state separate from the
corrupted governments that plague our land. It is a stark reality
that what you define as protection might amount to its opposite
for someone else. Therefore, each person is free to:
- Define what "protection" means to them.
- Choose to join a political group or country that agrees most
with their definition of "protection". This makes them into
"nationals" of that country who profess "allegiance" to the "state"
and thereby merit its protection.
- Choose a "domicile" within that country or group, and thereby
become subject to its laws and a benefactor of its protection.
The notion of freedom to choose one's allegiances
is a natural consequence of the fact that a "state" can consist of any
number of people, from one person to millions or even billions of people.
The political landscape constantly changes precisely because people
are constantly exercising their right to change their political associations.
A single person is free to create his own "state" and pass his own laws,
and to choose a domicile within that created state. The boundaries
of that created "state" might include only himself, only his immediate
family, or encompass an entire city, county, or district. He might
do this because he regards the society in which he lives to be so corrupt
that it's laws, morality, and norms are injurious rather than
protective. Such a motive, in fact, is behind an effort
called the "Free State Project", in which people are trying to get together
to create a new and different type of state within the borders of our
country. The U.S. Supreme Court, in fact, has ruled that when
the laws of a society become more injurious than protective to us personally,
then we cease to have any obligation to obey them and may lawfully choose
other allegiances and domiciles that afford better protection.
To wit:
"By the surrender, the inhabitants passed under a temporary
allegiance to the British government and were bound by such laws
and such only as it chose to recognize and impose.
From the nature of the
case, no other laws could be obligatory upon them, for where there
is no protection or allegiance or sovereignty, there can be no claim
to obedience.”
[Hanauer v. Woodruff,
82 U.S. (15 Wall.) 439 (1872)]
If a person decides that the laws and the people
of the area in which he lives are injurious of his life, liberty, and
property, then he is perfectly entitled to withhold his allegiance and
shift his domicile to a place where better protection is afforded.
When a person has allegiance and domicile to a place or society other
than where he lives, then he is considered "foreign" in that society
and all people comprising that society become "foreigners" relative
to him in such a case. He becomes a "transient foreigner" and the only
laws that are obligatory upon him are the criminal laws and no other.
Below is what the U.S. Supreme Court said about the right of people
to choose to disassociate with such "foreigners" who can do them harm.
Note that they say the United States government has the right to exclude
foreigners who are injurious. This authority, it says, comes from
the Constitution, which in turn was delegated by the Sovereign People.
The People cannot delegate an authority they do not have, therefore
they must individually ALSO have this authority within their own private
lives of excluding injurious peoples from their legal and political
life by changing their domicile and citizenship. This act of excluding
such foreigners becomes what we call a “political divorce” and the result
accomplishes the equivalent of “disconnecting from the government matrix”:
"The government, possessing the powers which are to be exercised
for protection and security, is clothed with authority to determine
the occasion on which the powers shall be called forth; and its
determinations, so far as the subjects affected are concerned, are
necessarily conclusive upon all its departments and officers.
If, therefore, the government
of the United States, through its legislative department, considers
the presence of foreigners of a different race in this country,
who will not assimilate with us, to be dangerous to its peace and
security, their exclusion is not to be stayed because at the time
there are no actual hostilities with the nation of which the foreigners
are subjects. The existence of war would render the necessity
of the proceeding only more obvious and pressing. The same necessity,
in a less pressing degree, may arise when war does not exist, and
the same authority which adjudges the necessity in one case must
also determine it in the other. In both cases its determination
is conclusive upon the judiciary. If the government of the country
of which the foreigners excluded are subjects is dissatisfied with
this action, it can make complaint to the executive head of our
government, or resort to any other measure which, in its judgment,
its interests or dignity may demand; and there lies its only remedy.
The power of the government to exclude foreigners from the
country whenever, in its judgment, the public interests require
such exclusion, has been asserted in repeated instances, [130 U.S.
581, 607] and never denied by the executive or legislative
departments.
[. . .]
The power of exclusion
of foreigners being an incident of sovereignty belonging to the
government of the United States as a part of those sovereign powers
delegated by the constitution, the right to its exercise at any
time when, in the judgment of the government, the interests of the
country require it, cannot be granted away or restrained on behalf
of any one. The powers of government are delegated in
trust to the United States, and are incapable of transfer to any
other parties. They cannot be abandoned or surrendered. Nor can
their exercise be hampered, when needed for the public good, by
any considerations of private interest. The exercise of these public
trusts is not the subject of barter or contract."
[Chae Chan Ping v. U.S.,
130 U.S. 581 (1889)]
Notice above the phrase:
"If the government of the country of which the foreigners
excluded are subjects is dissatisfied with this action, it can make
complaint to the executive head of our government, or resort to
any other measure which, in its judgment, its interests or dignity
may demand; and there lies its only remedy."
The court is tacitly admitting that there is NO
legal remedy in the case where a foreigner is expelled because the party
expelling him has an absolute right to do so. This right to expel
harmful foreigners is just as true of what happens on a person’s private
property as it is to what they want to do with their ENTIRE LIFE, property,
and liberty. This same argument applies to us divorcing ourselves
from the state where we live. There is absolutely no legal remedy
in any court and no judge has any discretion to interfere with your
absolute authority to divorce not only the state, but HIM! This
is BIG, folks! You don't have to prove that a society is injurious
in order to disassociate from it because your right to do so is absolute,
but if you want or need a few very good reasons why our present
political system is injurious that you can show to a judge or a court,
read through chapter 2 of our free Great IRS Hoax book:
http://famguardian.org/Publications/GreatIRSHoax/GreatIRSHoax.htm
If we divorce the society where we were born, do
not abandon our nationality and allegiance to the state of our birth,
but then choose a domicile in a place other than where we physically
live and which is outside of any government that might have jurisdiction
in the place where we live, then we become "transient foreigners" and
"de facto stateless persons" in relation to the government of the place
we occupy.
"Transient foreigner. One who visits the country,
without the intention of remaining."
[Black's Law Dictionary, Sixth Edition, p. 1498]
A "de facto stateless person" is anyone who is
not entitled to claim the protection or aid of the government
in the place where they live:
Social Security Program Operations Manual System (POMS)
RS 02640.040 Stateless Persons
A. DEFINITIONS
[. . .]
DE FACTO—Persons who have left the country of which
they were nationals and no longer enjoy its protection and assistance.
They are usually political refugees. They are legally citizens of
a country because its laws do not permit denaturalization or only
permit it with the country's approval.
[. . .]
2. De Facto Status
Assume an individual is de facto stateless if he/she:
-
says he/she is stateless but cannot establish he/she is de jure stateless; and
-
establishes that:
De facto status stays in effect
only as long as the conditions in b. continue to exist. If, for
example, the individual returns [changes their
domicile
back] to his/her country of nationality, de facto statelessness
ends.
[SOURCE:
Social Security Program Operations Manual System (POMS), Section
RS 02640.040 entitled "Stateless Persons"
https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0302640040]
Notice the key attribute of a "de facto stateless
person" is that they have abandoned the protection of their government
because they believe it is hostile to him or her and is not only not
protective, but is even injurious. Below is how the Supreme Court
describes such persons:
The writers upon the law of nations distinguish between a
temporary residence in a foreign country for a special purpose and
a residence accompanied with an intention to make it a permanent
place of abode. The latter is styled by Vattel [in his book The
Law of Nations as] "domicile," which he defines to be "a habitation
fixed in any place, with an intention of always staying there."
Such a person, says
this author, becomes a member of the new society at least as a permanent
inhabitant, and is a kind of citizen of the inferior order from
the native citizens, but is, nevertheless, united and subject to
the society, without participating in all its advantages.
This right of domicile,
he continues, is not established unless the person makes sufficiently
known his intention of fixing there, either tacitly or by an express
declaration. Vatt.
Law Nat.
pp. 92, 93. Grotius
nowhere uses the word "domicile," but he also distinguishes between
those who stay in a foreign country by the necessity of their affairs,
or from any other temporary cause, and those who reside there from
a permanent cause. The former he denominates "strangers," and the
latter, "subjects." The rule is thus laid down by Sir
Robert Phillimore:
There is a class of persons which cannot be, strictly speaking,
included in either of these denominations of naturalized or native
citizens, namely, the class of those who have ceased to reside [maintain
a domicile] in their native country, and have taken up a permanent
abode in another. These
are domiciled inhabitants [in relation to the country of their new
domciile]. They have not put on a new citizenship through some formal
mode enjoined by the law or the new country. They are de facto,
though not de jure, citizens of the country of their [new chosen]
domicile.
[Fong Yue Ting v. United States,
149 U.S. 698 (1893)]
We must remember that in America, the People, and
not our public servants, are the Sovereigns. We The People, who
are the Sovereigns, choose our associations and govern ourselves through
our elected representatives.
“The
words 'people of the United States' and 'citizens,' are synonymous
terms, and mean the same thing.
They both
describe the political body who, according to our republican institutions,
form the sovereignty, and who
hold the power and conduct
the government through their representatives. They are what we familiarly
call the 'sovereign people,' and every citizen is one of this people,
and a constituent member of this sovereignty. ..."
[Boyd v. State of Nebraska,
143 U.S. 135 (1892)]
When those representatives cease to have our best
interests or protection in mind, then we have not only a moral right,
but a duty, according to our Declaration of Independence, 1776,
to alter our form of self-government by whatever means necessary to
guarantee our future security.
“But when a long train of abuses and usurpations, pursuing
invariably the same Object evinces a design to reduce them under
absolute Despotism,
it is their right, it is their duty, to throw off such Government,
and to provide new Guards for their future security.”
[Declaration of Independence]
The lawful and most peaceful means of altering
that form of government is simply to do one of the following:
- Form our own self-government based on the de jure constitution
and change our domicile to it. See:
- Choose an existing government or country that is already available
elsewhere on the planet as our protector.
- Choose a domicile in a place that doesn’t have a government.
For example, choose a domicile somewhere you have been in the past
that doesn’t have a government. For instance, if you have
legal evidence that you took a cruise, then choose your domicile
in the middle of the ocean somewhere where the ship went.
- Use God's laws as the basis for your own self-government and
protection, as suggested in this book.
By doing one of the above, we are “firing” our
local servants in government because they are not doing their job of
protection adequately, and when we do this, we cease to have any obligation
to pay for their services through taxation and they cease to have any
obligation to provide any services. If we choose God and His laws
as our form of government, then we choose Heaven as our domicile and
our place of primary allegiance and protection. We then become:
- “citizens of Heaven”.
- “nationals but not citizens” of the country in which we live.
- Transient foreigners.
- Ambassadors and ministers of a foreign state called Heaven.
Below is how one early state court described the
absolute right to "divorce the state" by choosing a domicile in a place
other than where we physically are at the time:
"When a change of government takes place, from a monarchial to
a republican government, the old form is dissolved.
Those who lived under it,
and did not choose to become members of the new, had a right to
refuse their allegiance to it, and to retire elsewhere. By
being a part of the society subject to the old government, they
had not entered into any engagement to become subject to any new
form the majority might think proper to adopt. That the majority
shall prevail is a rule posterior to the formation of government,
and results from it. It
is not a rule upon mankind in their natural state. There,
every man is independent of all laws, except those prescribed by
nature. He is not bound by any institutions formed by his fellowmen
without his consent"
[Cruden v. Neale, 2 N.C., 2 S.E. 70 (1796)]
How do we officially
and formally notify the “state” that we have made a conscious decision
to legally divorce it by moving our domicile outside its jurisdiction?
That process is documented in the references below:
1. Sovereignty Forms
and Instructions Online, Form #10.004, Step 3.13 entitled:
Correct Government Records documenting your citizenship status.
Available free at:
http://famguardian.org/TaxFreedom/Instructions/3.13ChangeUSCitizenshipStatus.htm
2. Sovereignty Forms
and Instructions Manual, Form #10.005, Section 2.5.3.13.
Same as the above item. Available free at:
http://sedm.org/Forms/FormIndex.htm
3. By sending in the Legal Notice of Change in Citizenship/Domicile
Records and Divorce from the United States. See:
4. After accomplishing either of the above items, which are the
same, making sure that all future government forms we fill out properly
and accurately describe both our domicile and our citizenship status,
in accordance with section 12.12 later.
5. By making sure that at all times, we use the proper words to
describe our status so that we don’t create false presumptions that
might cause the government to believe we are “residents” with a domicile
in the District of Columbia:
5.1. Do not describe ourselves with the following words:
5.1.1 “indivdiual” as defined in 5 U.S.C. §552a(a)(2) and
26 CFR §1.1441-1(c )(3)
5.1.2. “taxpayer” as defined in
26 U.S.C. §7701(a)(14).
5.1.3. “U.S. person” as defined in
26 U.S.C. §7701(a)(30).
5.1.4. “resident” as defined in
26 U.S.C. §7701(b)(1)(A).
5.1.5. “alien”
5.2. Describe ourselves with the following words and phrases:
5.2.1. “nontaxpayer” not subject to the Internal Revenue
Code. See:
5.2.1.1. “Taxpayer” v. “Nontaxpayer”, Which One Are You?:
http://famguardian.org/Subjects/Taxes/Articles/TaxpayerVNontaxpayer.htm
5.2.1.2. Your Rights as a “nontaxpayer”, item 5.8
http://sedm.org/LibertyU/LibertyU.htm
5.2.2. “nonresident alien” as defined in
26 U.S.C. §7701(b)(1)(B).
5.2.3. The type of “nonresident alien” defined in 26 CFR §1.871-1(b)(1)(i)
but who is NOT an “individual” within that regulation.
5.2.4. “national” under
8 U.S.C. §1101(a)(21), but not “citizen” as defined in
8 U.S.C. §1401. This person is also described in
8 U.S.C. §1452.
5.2.5. Not engaged in a “trade or business” as defined in
26 U.S.C. §7701(a)(26).
5.2.6. Have not made any “elections” under
26 U.S.C. §7701(b)(4)(B),
26 U.S.C. §6013(g) or (h), or 26 CFR §1.871-1(a).
5.2.7. A “stateless person” who does not satisfy any of the criteria
for diversity of citizenship described in 28 U.S.C. §1332 and
who therefore cannot be sued in federal court. See
Newman-Green v. Alfonso Larrain, 490 U.S. 826 (1989):
“In order to be a citizen of a State
within the meaning of the diversity statute, a natural person must
both be a citizen of the United States and be domiciled within the
State. See Robertson v. Cease, 97 U.S. 646, 648-649 (1878); Brown
v. Keene, 8 Pet. 112, 115 (1834). The problem in this case is that
Bettison, although a United States citizen, has no domicile in any
State. He is therefore "stateless" for purposes of § 1332(a)(3).
Subsection 1332(a)(2), which confers jurisdiction in the District
Court when a citizen of a State sues aliens only, also could not
be satisfied because Bettison is a United States citizen. [490 U.S.
829]”
[Newman-Green
v. Alfonso Larrain, 490 U.S. 826 (1989)]
We emphasize that it isn’t one’s citizenship but
one’s choice of legal “domicile” that makes one sovereign and a “nontaxpayer”.
The way we describe our citizenship status is affected by and
a result of our choice of legal “domicile”, but changing one’s
citizenship status is not the nexus for becoming either a “sovereign”
or a “nontaxpayer”.
The only legal requirement for changing our domicile
is that we must reside on the territory of the sovereign to whom we
claim allegiance, and must intend to make membership in the community
established by the sovereign permanent. In this context, the Bible
reminds us that the Earth was created by and owned by our Sovereign,
who is God, and that those vain politicians who claim to “own” or control
it are simply “stewards” over what actually belongs to God alone.
To wit:
The heavens are Yours [God’s], the earth also is Yours;
The world and all its fullness, You have founded them.
The north and the south, You have created them;
Tabor and Hermon rejoice in Your name.
You have a mighty arm;
Strong is Your hand, and high is Your right hand.”
[Psalms
89:11-13 , Bible, NKJV]
________________________________________
“I have made the earth,
And created man on it.
I—My hands—stretched out the heavens,
And all their host I have commanded.”
[Isaiah
45:12, Bible, NKJV]
________________________________________
“Indeed heaven and the highest heavens belong to the Lord
your God, also the earth with all that is in it.”
[Deuteronomy
10:14, Bible, NKJV]
Some misguided Christians will try to quote Jesus,
when He said of taxes the following in relation to “domicile”:
"Render therefore to Caesar the things that are Caesar's,
and to God the things that are God's."
[Matt.
22:15-22, Bible, NKJV]
However, based on the scriptures above, which identify God as the
owner of the Earth and the Heavens, we must ask ourself:
“What is left that belongs to Caesar if EVERYTHING belongs to
God?”
The answer is NOTHING, except that which he STEALS
from the Sovereign people and which they don’t force him to return.
Jesus knew this, but he gave a very indirect answer to keep Himself
out of trouble when asked about taxes in the passage above. Therefore,
when we elect or consent to change our domicile to the Kingdom of Heaven,
we are acknowledging the Truth and the Authority of the Scripture and
Holy Law above and the sovereignty of the Lord in the practical affairs
of our daily lives. We are acknowledging our stewardship over
what ultimately and permanently belongs ONLY to Him, and not to any
man. Governments and civilizations come and go, but God’s immutable
laws are eternal. To NOT do this as a Christian amounts to mutiny
against God. Either we honor the first four commandments of the
Ten Commandments by doing this, or we will be dethroned as His Sovereigns
and Stewards on earth.
"Because you [Solomon,
the wisest man who ever lived] have done this , and have not kept
My covenant and My statutes [violated
God's laws], which
I have commanded you,
I will surely tear the
kingdom [and all your
sovereignty] away from you and give it to your [public]
servant."
[1
Kings 11:9-13, Bible, NKJV ]
By legally divorcing the “state” in changing our
domicile to the Kingdom of Heaven or to someplace on earth where there
is not man-made government, we must consent to be governed exclusively
by God’s laws and express our unfailing allegiance to Him as the source
of everything we have and everything that we are. In doing so,
we escape the constraints of earthly law and achieve the nirvana described
by the Apostle Paul when he very insightfully said of this process of
submission to God the following:
“But if you are led by the Spirit, you are not under the law
[man’s law].”
[Gal.
5:18, Bible, NKJV]
The tendency of early Christians to do the above
was precisely the reason why the Romans persecuted the Christians when
Christianity was in its infancy: It lead to anarchy because Christians,
like the Israelites, refused to be governed by anything but God’s laws:
"Then Haman said to King Ahasuerus, “There is a certain people
[the Jews, who today are the equivalent of Christians] scattered
and dispersed among the people in all the provinces of your kingdom;
their laws are different from all other people’s [because they are
God's laws!],
and they do not keep the
king’s [unjust] laws.
Therefore it is not fitting for the king to let them remain.
If it pleases the king, let a decree be written that they be destroyed,
and I will pay ten thousand talents of silver into the hands of
those who do the work, to bring it into the king’s treasuries.”
[
Esther 3:8-9, Bible, NKJV]
Christians who are doing and following the will of God are “anarchists”.
An anarchist is simply anyone who refuses to have an earthly ruler and
who instead insists on either self-government or a Theocracy in which
God, whichever God you believe in, is our only King, Ruler, Lawgiver
and Judge:
Main Entry: an·ar·chy
Function: noun
Etymology: Medieval Latin anarchia,
from Greek, from anarchos having no
[earthly] ruler, from
an- + archos ruler --
more at
ARCH-
[Source: Merriam Webster Dictionary]
“For the Lord is our Judge, the Lord is our Lawgiver, The
Lord is our King; He will save us.”
[Isaiah
33:22, Bible, NKJV]
For a fascinating read on this subject,
see:
Christians who are doing the will of God by changing
their domicile to Heaven and divorcing the “state” are likely to be
persecuted by the government and privileged 501(c )(3) corporate churches
just as Jesus was because of their anarchistic tendencies because they
render organized government irrelevant and unnecessary:
“If the world
hates you, you know that it hated Me before it hated you.
If you were of the world, the world would love its own.
Yet because you are not
of the world, but I chose you out of the world, therefore the world
hates you.
Remember the word that
I said to you, ‘A servant is not greater than his master.’ If they
persecuted Me, they will also persecute you. If
they kept My word, they will keep yours also.
But all these things they
will do to you for My name’s sake, because they do not know Him
who sent Me. If I had not come and spoken to them, they would
have no sin, but now they have no excuse for their sin.
He who hates me hated My father also.
If I had not done among them the works which no one else did, they
would have no sin; but now they have seen and also hated both Me
and My Father. But this happened that the word
might be fulfilled which is written in their law, ‘They hated Me
without a cause.’”
[John
15:18-25, Bible, NKJV]
Being “chosen out of the world” simply means, in
legal terms, that we do not have a domicile here and are “transient
foreigners”.
Those who do choose God as their sole source of
law and civil (not criminal) government:
- Become a “foreign government” in respect to the United States
government and all other governments.
- Are committing themselves to the ultimate First Amendment protected
religious practice, which is that of adopting God and His sovereign
laws as their only
form of self-government.
- Are taking the ultimate step in personal responsibility, by
assuming responsibility for every aspect of their lives by divorcing
the state and abandoning all government franchises:
- Effectively become their own
self-government
and fire the government where they live in the context of all civil
matters.
- Are protected by the
Foreign Sovereign Immunities Act, 28 U.S.C. Part IV, Chapt. 97.
- Are protected by the Minimum Contacts Doctrine and therefore
exempt from the jurisdiction of federal and state courts except
as they satisfy the provisions of the Foreign Sovereign Immunities
Act or the “Longarm Statute” passed by the state where they temporarily
inhabit.
- Are internationally protected persons pursuant to
18 U.S.C. §112.
- Are on an equal footing with any other nation and may therefore
assert sovereign immunity in any proceeding against the government.
This implies that:
8.1. Any attempt to drag you into court by a government must
be accompanied by proof that you consented in writing to the jurisdiction
of the government attempting to sue you. Such consent becomes the
basis for satisfying the criteria within the
Foreign Sovereign Immunities Act, 28 U.S.C. Part IV, Chapt. 97.
8.2. You may use the same defense as the government in proving
a valid contractual obligation, by showing the government the delegation
of authority order constraining your delegated authority as God’s
“public officer”. Anything another government alleges you
consented in writing to must be consistent with the delegation of
authority order or else none of the rights accrued to them are defensible
in court. In this sense, you are using the same lame excuse
they use for getting out of any obligations that you consented to,
but were not authorized to engage in by the Holy Bible. This
is explained in the document below:
- Become ministers, ambassadors, “employees”, “public officers”,
and officers of a foreign state called Heaven.
- May not simultaneously act as “public officers” for any other
foreign government, which would represent a conflict of interest.
“No one can serve
two masters [two employers, for instance]; for either he will
hate the one and love the other, or else he will be loyal to
the one and despise the other. You cannot serve God and mammon
[government].”
[Luke 16:13 , NKJV. Written by a tax collector]
- Are expressly exempt from taxation pursuant to
26 U.S.C. §892(a)(1).
- May file IRS Form W-8EXP as a nonresident alien and exempt
all of their earnings from federal and state income taxation.
- May use IRS Publication 515 to control their withholding
as nonresident aliens.
The other very interesting consequences of the
above status which makes it especially appealing are the following:
- Nowhere in the Internal Revenue Code are any of the following
terms defined: “foreign”, “foreign government”, “government”.
Therefore, it would be impossible for the IRS to prove that you
aren’t a “foreign government”.
- The most important goal of the Constitutional Convention, and
the reasons for the adoption of the Ninth and Tenth Amendment to
the United States Constitution was to preserve as much
self-government
to the people and the states as possible. Any attempt to compel
anyone to become a “subject” or accept more government than they
need therefore violates the legislative intent of the United States
Constitution.
The determination of
the Framers Convention and the ratifying conventions to preserve
complete and unimpaired state self-government in all matters
not committed to the general government is one of the plainest
facts which emerges from the history of their deliberations.
And adherence to that determination is incumbent equally upon
the federal government and the states.
State powers can neither
be appropriated on the one hand nor abdicated on the other.
As this court said in Texas v. White, 7 Wall. 700, 725, 'The
preservation of the States, and the maintenance of their governments,
are as much within the design and care of the Constitution as
the preservation of the Union and the maintenance of the National
government. The Constitution, in all its provisions,
looks to an indestructible Union, composed of indestructible
States.' Every journey to a forbidden end begins with the first
step; and the danger of such a step by the federal government
in the direction of taking over the powers of the states is
that the end of the journey may find the states so despoiled
of their powers, or-what may amount to the same thing-so
[298 U.S. 238, 296] relieved of the
responsibilities which possession of the powers necessarily
enjoins, as to reduce them to little more than geographical
subdivisions of the national domain. It is safe to say that
if, when the Constitution was under consideration, it had been
thought that any such danger lurked behind its plain words,
it would never have been ratified.
And the Constitution
itself is in every real sense a law-the lawmakers being the
people themselves, in whom under our system all political power
and sovereignty XE "SOVEREIGNTY:Political power
and sovereignty"
primarily resides,
and through whom such power and sovereignty primarily speaks.
It is by that law, and not otherwise, that the legislative,
executive, and judicial agencies which it created exercise such
political authority as they have been permitted to possess.
The Constitution speaks for itself in terms so plain that
to misunderstand their import is not rationally possible.
'We the People of the United States,' it says, 'do ordain and
establish this Constitution.' Ordain and establish! These are
definite words of enactment, and without more would stamp what
follows with the dignity and character of law. The framers
of the Constitution, however, were not content to let the matter
rest here, but provided explicitly-'This Constitution, and the
Laws of the United States which shall be made in Pursuance thereof;
... shall be the supreme Law of the Land.' (Const. art. 6, cl.
2.) The supremacy of
the Constitution as law is thus declared without qualification.
That supremacy is absolute; the supremacy of a statute enacted
by Congress is not absolute but conditioned upon its being made
in pursuance of the Constitution. And a judicial
tribunal, clothed by that instrument with complete judicial
power, and, therefore, by the very nature of the power, required
to ascertain and apply the law to the facts in every case or
proceeding properly brought for adjudication, must apply the
supreme law and reject the inferior stat- [298 U.S. 238, 297]
ute whenever the two conflict. In the discharge of that duty,
the opinion of the lawmakers that a statute passed by them is
valid must be given great weight, Adkins v. Children's Hospital,
261 U.S. 525, 544 , 43 S.Ct. 394, 24 A.L.R. 1238; but their
opinion, or the court's opinion, that the statute will prove
greatly or generally beneficial is wholly irrelevant to the
inquiry. Schechter Poultry Corp. v. United States,
295 U.S. 495, 549 , 550 S., 55 S.Ct. 837, 97 A.L.R. 947.
[Carter v. Carter Coal Co.,
298 U.S. 238 (1936)]
- If another government attempts to interfere with the affairs
of your own foreign self-government, then they:
3.1. Are violating your First Amendment right to practice your religion
by living under the laws of your God. This tort is cognizable
under the Religious Freedom Restoration Act, 42 U.S.C. Chapter 21B
and constitutes a tort against the foreign invader.
3.2. Are hypocrites, because they are depriving others equal right
to the same authority that they themselves have. No legitimate
government can claim to be operating lawfully which interferes with
the equal right of others to self-government.
3.3. Are in a sense attempting to outlaw the ultimate form of personal
responsibility, which is entirely governing your own life and supporting
yourself. The outlawing of personal responsibility and replacing
or displacing it with collective responsibility of the “state” can
never be in the public interest, especially considering how badly
our present government mismanages and bankrupts nearly everything
it puts its hands on.
The reason why government forms will ask what a
person’s domicile is are explained as follows:
- A person can only have “allegiance” towards
one and only
one “sovereign”. The U.S. Supreme Court confirmed this when
it said:
“Citizenship is a political
tie; allegiance is a territorial tenure. [. . .]
The doctrine is,
that allegiance cannot be due to two sovereigns; and taking
an oath of allegiance to a new, is the strongest evidence of
withdrawing allegiance from a previous, sovereign….”
[
Talbot v. Janson, 3 U.S. 133 (1795)]
This is also consistent with the Bible, which says on this subject:
“No servant can serve two masters;
for either he will hate the one and love the other, or else
he will be loyal to the one and despise the other. You
cannot serve God and mammon.”
[Jesus [God] speaking in
Luke 16:13, Bible, NKJV]]
- Choosing a “domicile” in a place is what makes a person a “citizen”
under the laws of that place. Because you can only have a
“domicile” in one place at a time, then you can only be a “citizen”
in one place at a time. Becoming a statutory “citizen” is
what makes you “subject” to the civil laws in that place and is
the origin of your authority and privilege to vote, serve on jury
duty, and pay income taxes in that place. For instance, Mexicans
temporarily visiting the United States and who have not changed
their “domicile” to the United States are called “Mexican Nationals”
while they are here. When they return to the place of their
domicile, they are called “Mexican citizens”.
- A legal means needs to be established to pay for the protection
afforded by the sovereign to whom we claim allegiance. “Taxes”
are the legal vehicle by which “protection” is paid for. In
earlier times, in fact, “taxes” were called “tribute”. When
we pay “tribute”, we are expressing “allegiance”
to our personal “sovereign” by offering it our time and money.
Below is a very revealing quote from a famous Bible dictionary which
explains the meaning of the word "tribute" in a Biblical context:
“TRIBUTE.
Tribute in the sense of an impost paid by one state to another,
as a mark of subjugation, is a common feature of international
relationships in the biblical world. The tributary could be
either a hostile state or an ally. Like deportation,
its purpose was to
weaken a hostile state.
Deportation aimed at
depleting the man-power. The aim of tribute was probably twofold:
to impoverish the subjugated state and at the same time to increase
the conqueror’s own revenues and to acquire
commodities in short supply in his own country. As an instrument
of administration it was one of the simplest ever devised: the
subjugated country could be made responsible for the payment
of a yearly tribute.
Its non-arrival
would be taken as a sign of rebellion, and an expedition would
then be sent to deal with the recalcitrant.
This was probably the reason for the attack recorded in Gn.
14.
[New Bible Dictionary.
Third Edition. Wood, D. R. W., Wood, D. R. W., & Marshall, I.
H. 1996, c1982, c1962; InterVarsity Press: Downers Grove]
Therefore, establishing a “domicile” or “residence”
also establishes a “tax home” as well. There are several problems
with the above worldly approach that conflict with Christianity:
-
Luke 16:13 above implies that those who demonstrate allegiance
become “servants” of those they demonstrate “allegiance” towards.
There is a maxim of law to describe this fraud:
“Protectio trahit subjectionem,
subjectio projectionem.
Protection draws to it subjection, subjection, protection. Co.
Litt. 65.”
[Bouvier’s Maxims of Law, 1856;
SOURCE:
http://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm
- God said we can serve
only Him, and
therefore we cannot have “allegiance” to anything but Him.
“Away with you
, Satan! For it is written, ‘You shall worship the Lord
your God, and Him
ONLY [NOT
the government or its vain laws!] you shall serve.’”
[Matt.
4:10, Bible, NKJV]
- Serving anyone but God amounts to idolatry in violation of the
first four commandments found in the Ten Commandments. Idolatry
is the worst of all sins documented in the Bible. In the Old
Testament book of Ezekiel, God killed people and destroyed whole
cities whose inhabitants committed idolatry.
- The government cannot compel us to consent to anything or to
demonstrate “allegiance” toward it. Allegiance must always
be completely voluntary.
Therefore, Christians cannot be expected or required
to either accept, consent to, or pay for protection that God says comes
ONLY from Him. They cannot allow government to assume an authority
equal or superior to God in their lives, including in the area of protection.
The only purpose for government is “protection”. Any government
form that asks us what our “domicile” is indirectly is asking us to
whom we have exclusive “allegiance”. Any government that passes
a law compelling “allegiance” or requiring us to consent to laws or
a government or protection that we don’t want is:
- Implementing slavery in violation of the
Thirteenth Amendment,
18 U.S.C. §1581,
18 U.S.C. §1583, and
42 U.S.C. §1994.
- Making themselves into an organized crime syndicate that earns
its revenues from “protection”. This is called a “protection
racket” and it is a federal crime under
18 U.S.C. §1951.
- Violating the antitrust laws at
15 U.S.C. §2 , by making themselves into a monopoly that is
the only source of “protection”.
The Bible describes such an organized crime syndicate
as “the Beast”, which
Rev. 19:19 defines as “the kings of the earth”. In modern
times, this would be our political rulers.
Now let's summarize what we have just learned so far to show graphically
the effect that one’s choice of domicile has on their citizenship status.
Below are some authorities upon which we will base our summary and analysis.
“Domicile and citizen are synonymous in federal courts, Earley
v. Hershey Transit Co., D.C. Pa., 55 F.Supp. 981, 982; inhabitant,
resident and citizen are synonymous, Standard Stoker Co. v. Lower,
D.C.Md., 46 F.2d 678, 683.”
[Black's Law Dictionary, Fourth Edition, p. 311]
______________________________________
"The term ‘citizen‘, as used in the Judiciary Act with reference
to the jurisdiction of the federal courts, is substantially synonymous
with the term ‘domicile‘.
Delaware, L. & W.R. Co. v. Petrowsky, 2 Cir., 250 F. 554, 557."
[Earley v. Hershey Transit Co., 55 F.Supp. 981, D.C.PA. (1944)]
______________________________________
The terms "citizen" and "citizenship" are distinguishable
from "resident" or "inhabitant." Jeffcott v. Donovan, C.C.A.Ariz.,
135 F.2d 213, 214; and from "domicile," Wheeler v. Burgess, 263
Ky. 693, 93 S.W.2d 351, 354; First Carolinas Joint Stock Land Bank
of Columbia v. New York Title & Mortgage Co., D.C.S.C., 59 F.2d
35j0, 351. The words "citizen" and citizenship," however, usually
include the idea of domicile, Delaware, L.&W.R.Co. v. Petrowsky,
C.C.A.N.Y., 250 F. 554, 557; citizen inhabitant and resident often
synonymous, Jonesboro Trust Co. v. Nutt, 118 Ark. 368, 176 S.W.
322, 324; Edgewater Realty Co. v. Tennessee Coal, Iron & Railroad
Co., D.C.Md., 49 F.Supp. 807, 809; and citizenship and domicile
are often synonymous. Messick v. Southern Pa. Bus Co., D.C.Pa.,
59 F.Supp. 799, 800.
[Black's Law Dictionary, Fourth Edition, p. 310]
We will now present a table based on the above
consistent with the entire content of the document which you can use
for all future reference. The term “Domestic National” in the
table below refers to a person born in any state of the Union, or in
a territory or possession of the United States:
Table 5-25: Effect of domicile on citizenship status
NOTES:
- “United States” is defined as the “District of Columbia” and
no part of any state of the Union within 26 U.S.C. §§7701(a)(9)
and (a)(10), 7701(a)(39), and 7408(d).
- The “District of Columbia” is defined as a federal corporation
but not a physical place, a “body politic”, or a de jure “government”
within the District of Columbia Act of 1871, 16 Stat. 419, 426,
Sec. 34. See:
Corporatization and Privatization
of the Government, Form #05.024;
http://sedm.org/Forms/FormIndex.htm.
- American nationals who are domiciled outside of federal jurisdiction,
either in a state of the Union or a foreign country, are “nationals”
but not “citizens” under federal law. They also qualify as
"nonresident aliens" under
26 U.S.C. §7701(b)(1)(B). See sections 4.11.2 of the
Great
IRS Hoax for details.
- Temporary domicile in the middle column on the right must meet
the requirements of the “Presence test” documented in IRS publications.
- "FEDERAL ZONE"=District of Columbia, Puerto Rico, and the territories
and insular possessions of the United States in the above table.
- The term “individual”
as used on the IRS form 1040 means an “alien”
engaged in a “trade
or business”. All “taxpayers” are “aliens” engaged in
a “trade or business”. This is confirmed by 26 CFR §1.1441-1(c
)(3), 26 CFR §1.1-1(a)(2)(ii), and
5 U.S.C. §552a(a)(2). Statutory “U.S.
citizens” as defined in
8 U.S.C. §1401 are not “individuals”
unless temporarily abroad pursuant to
26 U.S.C. §911 and subject to an income tax treaty with a foreign
country. In that capacity, statutory “U.S.
citizens” interface to the I.R.C. as “aliens” rather than
“U.S. citizens” through the tax treaty.
Based on the above table, we can see that when
a person within any government identifies you as a “citizen”, they presuppose
that you maintain a “domicile” within their jurisdiction. The
same thing goes for the term “inhabitant”, which also describes a person
with a domicile within the jurisdiction of the local government where
he lives. Note the use of the phrase “reside actually and permanently
in a given place and has a domicile there” in the definition of inhabitant:
“Inhabitant. One who
reside actually and permanently
in a given place, and has his domicile there. Ex
parte Shaw, 145 U.S. 444, 12 S.Ct. 935, 36 L.Ed. 786.
The words "inhabitant," "citizen," and "resident," as employed
in different constitutions to define the qualifications of electors,
means substantially the same thing; and, in general, one is an inhabitant,
resident, or citizen at the place where he has his domicile or home.
But the terms "resident" and "inhabitant" have also been held not
synonymous, the latter implying a more fixed and permanent abode
than the former, and importing privileges and duties to which a
mere resident would not be subject. A corporation can be an
inhabitant only in the state of its incorporation. Sperry
Products v. Association of American Railroads, C.C.A.N.Y., 132 F.2d
408, 411. See also
Domicile;
Residence.”
[Black’s Law Dictionary, Sixth Edition, p. 782]
The legal dictionary is careful to disguise the
requirement for “domicile” in their definition of “resident”.
To admit that domicile was a prerequisite for being a “resident”, they
would open the door for a mass exodus of the tax system by most people,
so they beat around the bush. For instance, here is the definition
of “resident” from Black’s Law Dictionary:
Resident.
“Any person who
occupies a dwelling within
the State, has a
present intent to remain within
the State for a
period of time, and manifests the genuineness of that intent by
establishing an ongoing physical presence within
the State together
with indicia that his presence within
the State is something
other than merely transitory
in nature. The word “resident” when used as a noun means
a dweller, habitant or occupant; one who resides or dwells in a
place for a period of more, or less, duration; it signifies one
having a residence, or one who resides or abides. [Hanson v. P.A.
Peterson Home Ass’n, 35 Ill.App2d 134, 182 N.E.2d 237, 240] [Underlines
added]
Word “resident” has many meanings in law, largely determined
by statutory context
in which it is used. [Kelm v. Carlson, C.A.Ohio, 473, F2d 1267,
1271]
[Black's Law Dictionary, Sixth Edition, p. 1309]
The Law of Nations, which is mentioned in Article
1, Section 8 of our Constitution and was used by the Founding Fathers
to write the Constitution, is much more clear in its definition of “resident”,
and does essentially admit a requirement for “domicile” in order for
an “alien” to be classified as a “resident”:
“Residents,
as distinguished from citizens, are aliens who are permitted to
take up a permanent abode in the country. Being bound
to the society by reason of their [intention of] dwelling in it,
they are subject to its laws so long as they remain there, and,
being protected by it, they must defend it, although they do not
enjoy all the rights of citizenship. They have only certain
privileges which the law, or custom, gives them. Permanent
residents are those who have been given the right of perpetual residence.
They are a sort of citizen of a less privileged character, and are
subject to the society without enjoying all its advantages.
Their children succeed to their status; for the right of perpetual
residence given them by the State passes to their children.”
[The
Law of Nations, p. 87, E. De Vattel, Volume Three, 1758, Carnegie
Institution of Washington; emphasis added.]
You can read the above yourself at:
Since the only definition of "resident"
found anywhere in the
Internal Revenue Code or the Treasury Regulations is that of a "resident
alien", found in
26 U.S.C.
§7701(b)(1)(A), then we:
- Are not "residents"
because we are not "aliens"
and do not have a "domicile" in the District of Columbia.
Therefore, we do not have a "residence".
- Do not have a "residence", because only "aliens" can have a
"residence" under
26 CFR §1.871-2(a).
- Are "nonresident
aliens" under
26 U.S.C. §7701(b)(1)(B)
- Are "nationals"
but not "citizens"
under 8
U.S.C. §1101(a)(21) and/or
8 U.S.C. §1101(a)(22)(B).
- Are "transient foreigners":
"Transient foreigner. One who visits the country,
without the intention of remaining."
[Black's Law Dictionary, Sixth Edition, p. 1498]
If you want to read more about this “resident”
scam, consult section 4.10 of our free
Great IRS Hoax book.
Note also the use of the word “permanent home”
in the definition of “domicile”. According to the Bible, "earth"
is NOT permanent, but instead is only temporary, and will eventually
be destroyed and rebuilt as a new and different earth:
“But the heavens and the earth which are now preserved by
the same word, are reserved for fire until the day of judgment and
perdition of ungodly men.“
[
2 Peter 3:7, Bible NKJV]
The legal definition of "permanent" also demonstrates
that it can mean any length of time one wants it to mean:
8 U.S.C. §1101
(a)(31)
The term ''permanent''
means a relationship of continuing or lasting nature, as distinguished
from temporary, but a relationship may be permanent even though
it is one that may be dissolved eventually at the instance either
of the United States or of the individual, in accordance with law.
We believe what they are really describing above
is the equivalent of a “protection contract” between you and the government,
because the way it functions is that it is terminated when either you
or the government insist, which means that while it is in force, your
consent is inferred and legally “presumed”. Below is how another
author describes it, and note that the real meaning of “indefinitely”
is “as long as he consents to a protector”:
“One resides in one’s domicile
indefinitely, that
is, with no definite end planned for the stay. While we hear
‘permanently’ mentioned, the better word is ‘indefinitely’.
This is best seen in the context of a change of domicile.”
[Conflicts in a Nutshell
by David D. Siegel and Patrick J. Borchers, ISBN 0-314-160669-3,
3rd Edition, West Group, p. 16]
Christians define "permanent" the same way God
does. God is eternal so His concept of "permanent" means "eternal".
Therefore, no place on earth can be "permanent" in the context of a
Christian:
"Do not love [be a permanent inhabitant or resident of] the
world or the things in the world.
If anyone loves the world,
the love of the Father is not in him. For all that
is in the world--the lust of the flesh, the lust of the eyes, and
the pride of life--is not of the Father but is of the world.
And the world
is passing away [not permanent], and the lust of it;
but he who does the will of God abides forever."
[1
John 2:15, Bible, NKJV]
Christians are only allowed to be governed by God
and His laws found in the Bible.
Man’s laws are simply a vain substitute, but God’s laws are our only
true and permanent source of protection, and the only type of protection
we can consent to or intend to be subject to without violating our covenant
and contract with God found in the Holy Bible.
“Away with you , Satan! For it is written, ‘You shall worship
the Lord your God, and Him
ONLY [NOT
the government or man’s vain laws or an atheistic democratic socialist
“state”] you shall serve.’”
[Matt.
4:10, Bible, NKJV]
The main allegiance of Christians is exclusively
to Him, and not to any man or earthly law or government. We are
citizens of Heaven, and not earth. The most we can be while on earth
is "nationals", because "nationals" are not subject to man's laws and
only "citizens" are. See:
Therefore, the Kingdom of Heaven on Earth can be
our only “legal home” or “domicile” or “residence”.
"For our citizenship
is [not WAS or WILL BE, but PRESENTLY IS] in heaven,
from which we also eagerly wait for the Savior, the Lord Jesus Christ"
[Philippians
3:20, Bible, NKJV]
"These all died in faith, not having
received the promises, but having seen them afar off were assured
of them, embraced them
and confessed that they
were strangers and pilgrims on the earth."
[Hebrews
11:13, Bible, NKJV]
"Beloved, I beg you
as sojourners and pilgrims
[temporarily occupying the world], abstain from fleshly
lusts which war against the soul..."
[1
Peter 2:1, Bible, NKJV]
"Do
you not know that friendship [and citizenship] with the world is
enmity with God? Whoever therefore wants to be a friend [or
"resident"] of the world makes himself an enemy of God.
"
[James
4:4, Bible, NKJV]
"And do not be conformed to this
world, but be transformed by the renewing of your mind, that you
may prove what is that good and acceptable and perfect will of God.
"
[
Romans 12:2, Bible, NKJV]
The above scriptures say we are "sojourners and
pilgrims", meaning we are perpetual travelers while temporarily here
as God's ambassadors. Legal treatises on domicile also confirm
that while a person is "in transitu", meaning travelling and sojourning
temporarily, he cannot choose a domicile and that his domicile reverts
to his "domicile of origin". The domicile of origin is the place
you were created and existed before you came to Earth, which is Heaven:
§ 114. Id. Domicil of Origin adheres until another Domicil
is acquired. - But whether the doctrine of Udny v. Udny be or be
not accepted, the law, as held in Great Britain and America, is
beyond all doubt clear that domicil of origin clings and adheres
to the subject of it until another domicil is acquired. This is
a logical deduction from the postulate that" every person must have
a domicil somewhere." For as a new domicil cannot be acquired except
by actual residence cum animo manendi,
it follows that the
domicil of origin adheres while the subject of it is in transitu,
or, if he has not yet determined upon a new place of abode, while
he is in search of one,--"quarens quo se conferat atque ubi constituat."
Although this is a departure from the Roman law doctrine, yet it
is held with entire unanimity by the British and American cases.
It was first announced, though somewhat confusedly, by Lord Alvanley
in Somerville v. Somerville: "The third rule I shall extract
is that the original domicil . . . or the domicil of origin is to
prevail until the party has not only acquired another, but has manifested
and carried into execution an intention of abandoning his former
domicil and taking another as his sole domicil." The same idea has
been expressed by Lord Wensleydale in somewhat different phrase
in Aikman v. Aikman : "Every man's domicil of origin must be presumed
to continue until he has acquired another sole domicil by actual
residence with the intention of abandoning his domicil of origin.
This change must be animo et facto, and the burden of proof unquestionably
lies upon him who asserts the change." Lord Cranworth observed in
the same case: "It is a clear principle of law that the domicil
of origin continues until another is acquired; i.e., until the person
has made a new home for himself in lieu of the home of his birth."
In America similar language has been used.
[Treatise on the Law of
Domicil; M.W.Jacobs, 1887, pp. 174-175; Little, Brown, and
Company;
SOURCE:
http://books.google.com/books?id=MFQvAAAAIAAJ&printsec=titlepage]
Even the U.S. Supreme Court has held that while
a person temporarily occupies a place and is "in transitu" or "in itinere",
he or she is not subject to the civil laws of that place.
"It is generally agreed by writers upon international law, and
the rule has been judicially applied in a great number of cases,
that wherever any question may arise concerning the status of a
person, it must be determined according to that law which has next
previously rightfully operated on and fixed that status.
And, further, that the
laws of a country do not rightfully operate upon and fix the status
of persons who are within its limits in itinere, or who are abiding
there for definite temporary purposes, as for health, curiosity,
or occasional business; that these laws, known to writers on public
and private international law as personal statutes, operate only
on the inhabitants of the country. Not that it is or
can be denied that each independent nation may, if it thinks fit,
apply them to all persons within their limits. But when this is
done, not in conformity with the principles of international law,
other States are not understood to be willing to recognize or allow
effect to such applications of personal statutes. "
[Dred Scott v. Sandford 60 U.S. (19 How.) 393,595 (1857)]
To “consent” or “choose” to be governed by anything
but God and His sacred Law is idolatry in violation of the first four
Commandments of the
Ten Commandments.
“It is better to trust the Lord
Than to put confidence in man.
It is better to trust in the Lord
Than to put confidence in princes [or government, or the ‘state’].”
[Psalms
118:8-9, Bible, NKJV]
If you can’t put confidence in “princes”, which
we interpret to mean political rulers or governments, then we certainly
can’t have allegiance to them or put that allegiance above our allegiance
to God. We can therefore have no "legal home" or "domicile" or
“residence” anywhere other than exclusively within the Kingdom of Heaven
and not within the jurisdiction of any corrupted earthly government.
Our only law is God's law and
Common law, which is based on God's law. Below is an example of
how the early Jews adopted this very attitude towards government from
the Bible.
"Then Haman said to King Ahasuerus,
“There is a certain people [the Jews, who today are the equivalent
of Christians] scattered and dispersed among the people in all the
provinces of your kingdom; their laws are different from all other
people’s [because they are
God's laws!],
and they do not keep the
king’s [unjust] laws.
Therefore it is not fitting for the king to let them remain.
If it pleases the king, let a decree be written that they be destroyed,
and I will pay ten thousand talents of silver into the hands of
those who do the work, to bring it into the king’s treasuries.”
[Esther
3:8-9, Bible, NKJV]
“Those people who are not governed
[ONLY] by GOD and His laws will be ruled by tyrants.”
[William Penn (after whom Pennsylvania
was named)]
"A free people [claim] their rights
as derived from the laws of nature [God and His laws], and not as
the gift of their chief magistrate [or any government law]."
[Thomas
Jefferson : Rights of British America, 1774. ME 1:209, Papers
1:134]
Our acronym for the word BIBLE confirms the above
conclusions:
B-Basic
I-Instructions
B-Before
L-Leaving
E-Earth
We are only temporarily here and the Kingdom of
Heaven is where we intend to return and live permanently. Legal
domicile is based only on intent, not on physical presence, and
it is only "domicile" which establishes one's legal and tax "home".
No one but us can establish our "intent" and this is the express intent.
Neither can we as Christians permit our “domicile” to be subject to
change under any circumstances, even when coerced. To admit that
there is a "permanent home" or "place of abode" anywhere on earth is
to admit that there is no afterlife, no God, and that this earth is
as good as it gets, which is a depressing prospect indeed that conflicts
with our religious beliefs. The Bible says that while we are here,
Satan is in control, so this is definitely not a place we would want
to call a permanent home or a domicile:
"We know that we are
of God, and the whole world lies under the sway of the wicked one."
[
1 John 5:19, Bible, NKJV]
_______________________________________
"Again, the devil took Him [Jesus] up on an exceedingly
high mountain, and showed Him all the kingdoms of the world and
their glory. And he said to Him, "All
these things I will give You if You will fall down and worship me.
[Satan]"
"Then Jesus said to him, "Away with you, Satan! For it
is written, 'You shall worship the LORD your God, and Him only you
shall serve.'"
"Then the devil left Him, and behold, angels came and
ministered to Him."
[Matt.
4:8-11, Bible, NKJV]
_______________________________________
"I [Jesus] will no longer talk much
with you, for the ruler
of this world [Satan] is coming, and he has nothing in Me.
But that the world may know that I love the Father, and as the Father
gave Me commandment, so I do. Arise, let us go from here."
[Jesus in
John 14:30-31, Bible, NKJV]
Satan could not have offered the kingdoms of the
world to Jesus and tempted Him with them unless he controlled them to
begin with. Satan is in control while we are here. Only
a fool or an atheist would intend to make a wicked earth controlled
by Satan into a "permanent place of abode".
"He who loves his life will lose
it, and he who hates
his life in this world [on earth] will keep it for eternal life."
[
John 12:25, Bible, NKJV]
Only a person who hates this life and the earth
as they are and who doesn't want to make it a "permanent place of abode"
or "domicile" can inherit eternal life.
"If you were of the world [had a
permanent home here], the world would love its own. Yet
because you [Christians]
are not of the world, but I chose you out of the world, therefore
the world hates you [who are a "stranger" and a "foreigner"]."
[
John 15:19, Bible, NKJV.
QUESTION: How can you be "chosen out of the world"
as Jesus says and yet still have a domicile here?]
"Pure
and undefiled religion before God and the Father is this:
to visit orphans and widows in their trouble, and
to keep oneself unspotted
from the world [and the governments, laws, taxes, entanglements,
and sin in the world]."
[James
1:27, Bible, NKVJ]
“So we are always confident, knowing
that while we are at
home in the body [the physical body] we are absent from the Lord.
For we walk by faith, not by sight.
We are confident, yes,
well pleased rather to be absent from the body and to be present
with the Lord [in the Kingdom of Heaven].”
[2 Cor. 5:6-8, Bible,
NKJV]
Even Jesus Himself admitted that earth was not
his "domicile" when He said:
Then a certain scribe came and said
to Him, "Teacher, I will follow You wherever You go."
And Jesus said to him, "Foxes have holes and birds of the air have
nests, but the Son of Man has nowhere to lay His head."
[
Matt. 8:19-20, Bible, NKJV]
When we become believers, we, like Jesus Himself,
become God's "ambassadors" on a foreign mission from the Kingdom of
Heaven according to 2 Cor. 5:20. Our house is a foreign embassy:
"Now then, we
are ambassadors for Christ, as though God were pleading through
us: we implore you on Christ’s behalf, be reconciled
to God."
[2 Cor. 5:20, Bible, NKJV]
The Corpus Juris Secundum Legal Encyclopedia says
that ambassadors have the domicile of those who they represent, which
in the case of Christians is the Kingdom of Heaven.
PARTICULAR PERSONS
4. Public Officials
and Employees; Members of the Armed Services
§31 Public Officials
and Employees
Ambassadors, consuls,
and other public officials residing abroad in governmental service
do not generally acquire a domicile in the country where their official
duties are performed, but retain their original domicile,
although such officials may acquire a domicile at their official
residence, if they engage in business or commerce inconsistent with,
or extraneous to, their public or diplomatic character.
[Corpus Juris Secundum Legal Encyclopedia, Domicile, §31;
SOURCE:
http://famguardian.org/TaxFreedom/CitesByTopic/Domicile-28CJS-20051203.pdf]
Another interesting aspect of domicile explains
why the Bible symbolically refers to believers as the "children of God".
Below are examples:
"But as many as received Him, to them He gave the right to
become children of God,
to those who believe in His name"
[John 1:2, Bible, NKJV]
"The Spirit Himself bears witness with our spirit that we
are children of God"
[Romans 8:16, Bible, NKJV]
"That is, those who are the children of the flesh, these are
not the children of
God; but the children of the promise are counted as the
seed."
[Romans 9:8, Bible, NKJV]
"Behold what manner of love the Father has bestowed on us,
that we should be called
children of God!
"
[1 John 3:1, Bible, NKJV]
"In this the children
of God and the children of the devil are manifest: Whoever
does not practice righteousness is not of God, nor is he who does
not love his brother."
[1 John 3:10, Bible, NKJV]
"By this we know that we love the
children of God,
when we love God and keep His commandments."
[1 John 5:2, Bible, NKJV]
The Corpus Juris Secundum Legal Encyclopedia says
that those who are children, dependents, minors, or of unsound mind
assume the domicile of the sovereign who is their "caretaker".
As long as we are called "children of God" and are dependent exclusively
on Him, we assume His domicile, which is the Kingdom of God:
PARTICULAR PERSONS
Infants
§20 In General
An infant, being non sui juris, cannot fix or change his domicile
unless emancipated.
A legitimate child's
domicile usually follows that of the father. In
case of separation or divorce of parents, the child has the domicile
of the parent who has been awarded custody of the child.
[Corpus Juris Secundum Legal Encyclopedia, Domicile, §20;
SOURCE:
http://famguardian.org/TaxFreedom/CitesByTopic/Domicile-28CJS-20051203.pdf]
The Bible treats the government as God's steward
for truth and justice under God's laws. The passage below proves
this, and it is not referring to ALL governments, but only those that
are righteous, which are God's stewards,
and who act in a way that is completely consistent and not in conflict
with God's holy laws.
Submit to [Righteous] Government [and rebel against Unrighteous
Government]
"Let every soul be subject to
the governing authorities.
For there is no authority
except from God, and the authorities that exist are appointed by
God. Therefore whoever resists the authority resists
the ordinance of God, and those who resist will bring judgment on
themselves. For [righteous] rulers are not a terror to good
works, but to evil. [However, unrighteous rulers ARE a terror to
good works] Do you want to be unafraid of the [righteous] authority?
Do what is good, and you will have praise from the same. For
he [ONLY the righteous, not the unrighteous ruler] is God’s minister
to you for good. But if you do evil, be afraid; for he does not
bear the sword in vain; for he is God’s minister, an avenger to
execute wrath on him who practices evil. Therefore you must
be subject, not only because of wrath but also for conscience’ sake.
For because of this you also pay taxes, for they [the righteous,
and not unrighteous rulers] are God’s ministers attending continually
to this very thing. Render therefore to all [those who are
righteous and NOT unrighteous] their due: taxes to whom taxes are
due, customs to whom customs, fear to whom fear, honor to whom honor."
[Rom. 13:1-7, Bible, NKJV]
The term "governing authorities" is synonymous
with "God's ministers". The Bible says that the government is
on Jesus’ shoulders, and therefore God’s shoulders, not any man:
“For God is the King
of all the
earth;
Sing praises with understanding.”
[Psalms
47:7, Bible, NKJV]
_____________________________________
“For the LORD is
our Judge, the LORD is our Lawgiver, the LORD is our King;
He will save [and protect] us.”
[Isaiah
33:22, Bible, NKJV]
_____________________________________
For unto us a Child is born,
Unto us a Son is given;
And the government will
be upon His shoulder.
And His name will be called
Wonderful, Counselor, Mighty God,
Everlasting Father, Prince of Peace.
[Isaiah 9:6, Bible, NKJV]
The Lord cannot be King where Satan is allowed
to rule, even temporarily. Those who are
not God's ministers
are NOT "governing authorities" but usurpers and representatives of
Satan, not God. They are "children of Satan", not God.
“They have corrupted themselves;
They are not His children,
Because of their blemish:
A perverse and crooked generation.”
[Deut. 32:5, Bible, NKJV]
When government ceases to be a "minister of God's
justice" and rather becomes a competitor for pagan idol worship and
obedience of the people, then God abandons the government and the result
is the equivalent of a legal divorce. This is revealed in the
following scripture, which describes those who pursue pagan gods and
pagan governments that act like god as "playing the harlot". The
phrase "invites you to eat of his sacrifice", in modern day terms, refers
to those who receive socialist welfare in any form, most of which is
PLUNDER STOLEN from people who became a human sacrifice to the pagan
government:
The Covenant Renewed
And He said: “Behold, I make a covenant.
Before all your people I will do marvels such as have not been done
in all the earth, nor in any nation; and all the people among whom
you are shall see the work of the LORD. For it is an awesome thing
that I will do with you. Observe what I command you this day.
Behold, I am driving out from before you the Amorite and the Canaanite
and the Hittite and the Perizzite and the Hivite and the Jebusite.
Take heed to yourself,
lest you make a covenant with the inhabitants of the land where
you are going, lest it be a snare in your midst. But you shall
destroy their altars, break their sacred pillars, and cut down their
wooden images (for you shall worship no other god, for the
LORD, whose name is Jealous, is a jealous God), lest you make
a covenant
[engage in a franchise,
contract, or agreement]
with the inhabitants
of the land, and they play the harlot with their gods and make sacrifice
to their gods, and one of them invites you and you eat of his sacrifice,
and you take of his daughters for your sons, and his daughters play
the harlot with their gods and make your sons play the harlot with
their gods.
[Exodus 34:10-16, Bible, NKJV]
“No outsider [person who has not taken the Mark of the Beast]
shall eat the holy offering [revenues collected from involuntary
human sacrifices to the pagan cult by the IRS or the SSA]; one who
dwells with the priest [judges are the priests of the civil religion],
or a hired servant [licensed attorneys, who are the deacons of the
church appointed by the chief priests at the Supreme Court], shall
not eat the holy thing. But if the priest [the judge] buys
a person with his money [his court order to induct a new cult member
by compelling participation in excise taxable activities such as
a “trade or business”], he may eat it; and one who is born in his
[court] house [or is a fellow “public officer” of the government
engaged in a “trade or business”] may eat his food.”
[Lev. 22:10-11, Bible, NKJV]
“He who sacrifices to any god, except to the LORD only, he shall
be utterly destroyed.”
[Exodus 22:20, Bible, NKJV]
"They shall no more offer their sacrifices to demons, after whom
they have played the harlot. This shall be a statute forever for
them throughout their generations.’
[Lev. 17:7, Bible, NKJV]
The result of the divorce of a righteous God from
a Pagan government that has become a child of Satan and His competitor
for the worship of the people is that God "hides his face", as the Bible
says:
"And I will surely
hide My face in that day because of all the evil which
they have done, in that they have turned to other gods."
[Deut. 31:18, Bible, NKJV]
"I will hide My
face from them, I will see what their end will be, For
they are a perverse generation, Children in whom is no faith."
[Deut. 32:20, Bible, NKJV]
"Then My anger shall be aroused against them in that day,
and I will forsake them, and
I will hide My face
from them, and they shall be devoured. And many evils
and troubles shall befall them, so that they will say in that day,
‘Have not these evils come upon us because our God is not among
us?’"
[Deut. 31:17, Bible, NKJV]
Those who follow pagan governments rather than
God after the "divorce" become the children of Satan, not God and are
practicing idolatry. These people have misread Romans 13 and made
government into a pagan substitute for God's protection and adopt the
government as their new caretaker, and thereby shift their effective
domicile to the government as its dependents and "children". This
is especially true when the government becomes socialist, abuses its
power to tax as a means of wealth transfer, and pays any type of social
welfare to the people. At that point, the people become "dependents"
and assume the domicile of their caretaker. One insightful congressman
said the following of this dilemma during the debates over the original
Social Security Act:
Mr. Logan: "...Natural laws can
not be created, repealed, or modified by legislation. Congress should
know there are many things which it can not do..."
"It
is now proposed to make the Federal Government the guardian of its
citizens. If that should be done, the Nation soon must perish. There
can only be a free nation when the people themselves are free and
administer the government which they have set up to protect their
rights. Where the general government must provide work, and incidentally
food and clothing for its citizens, freedom and individuality will
be destroyed and eventually the citizens will become serfs to the
general government..."
[Congressional Record-Senate, Volume 77- Part 4, June 10, 1933,
Page 12522;
SOURCE:
http://famguardian.org/TaxFreedom/CitesByTopic/Sovereignty-CongRecord-Senate-JUNE101932.pdf]
Any attempt to think about citizenship, domicile,
and residence any way other than the way it is described here amounts
to a devious and deceptive attempt by the Pharisees [lawyers] to use
the "traditions of men" to entrap Christians and churches and put them
under government laws, control, taxes, and regulation, thereby violating
the
separation of powers doctrine. The Separation of Powers Doctrine
as well as the Bible itself both require churches and Christians to
be totally separate from government, man's laws, and control,
taxation, and regulation by government. See
Great IRS Hoax, sections 4.3.5 and 4.3.12 for further details on
the competition between "church" and "state" for the love and affections
and allegiances of the people, and why separation of these two powers
is absolutely essential.
"Stand fast therefore in the
liberty wherewith Christ hath made us free, and be not entangled
again with the yoke of bondage [to the government or the income
tax or the IRS or federal statutes that are not "positive
law" and do not have jurisdiction over us]."
[Galatians
5:1, Bible, NKJV]
It is important also to recognize that state and
federal law often establishes certain rebuttable “presumptions” about
one’s “residence” as an “alien”/“resident”. Below is an example
from the Arizona Revised Statutes:
Arizona Revised Statutes
Title 43: Taxation of Income
Section 43-104 Definitions
19. "Resident" includes:
(a) Every individual who is in this state for other than a temporary
or transitory purpose.
(b) Every individual who is domiciled in this state and who is
outside the state for a temporary or transitory purpose. Any individual
who is a resident of this state continues to be a resident even
though temporarily absent from the state.
(c) Every individual who spends in the aggregate more than nine
months of the taxable year within this state shall be presumed to
be a resident. The presumption
may be overcome by competent evidence that the individual is in
the state for a temporary or transitory purpose.
The above presumption is rebuttable, and the way
to rebut it is to make our intentions known:
“This
right of domicile, he continues, is not established unless the person
makes sufficiently known his intention of fixing there, either tacitly
or by an express declaration. Vatt.
Law Nat. pp. 92, 93.”
[Fong Yue Ting v. United States,
149 U.S. 698 (1893)]
How do we make our “intentions” known
to the protector we are nominating?:
- By sending the following form according to the instructions:
- By sending the state a written notification of domicile, or
a Department of Motor Vehicles change of address form. Most
change of address forms have a block for indicating one’s “residence”.
Line out the word “residence” and replace it with “domicile” or
else you will establish yourself as a privileged alien.
- Whenever we write a physical address on any especially government
or financial institution form, next to the address we should write
"This is NOT my domicile." This is a VERY important habit
to get into that will avoid all false presumptions about your legal
domicile.
- By revoking our voter registration.
We can also encourage other false presumptions
by the government relating to our legal domicile based on the words
we use to describe ourself. For instance, if we describe ourself
as either a “citizen” or a “resident” or “inhabitant” on any government
form, then we are declaring ourself to be a “domiciliary” in respect
to the government who is accepting the form. Otherwise, we would
be a “transient foreigner” outside of the jurisdiction of that government.
This is further explained in the following two articles:
- You’re not a “citizen”
under the Internal Revenue Code:
http://famguardian.org/Subjects/Taxes/Citizenship/NotACitizenUnderIRC.htm
- You’re not a “resident”
under the Internal Revenue Code:
http://famguardian.org/Subjects/Taxes/Citizenship/Resident.htm
Within federal law, persons who are “citizens”,
“residents”, or “inhabitants” are described as:
- “Individuals”.
See 5 U.S.C. §552a(a)(2) and 26 CFR §1.1441-1(c )(3).
5 U.S.C. §552a(2) Records maintained on individuals
(2) the term ''individual'' means a
citizen
of the United States or an alien lawfully admitted for permanent
residence ["resident"];
- “U.S. persons”.
See 26 U.S.C. §7701(a)(30).
TITLE
26 >
Subtitle
F >
CHAPTER 79 > Sec. 7701.
Sec.
7701. - Definitions
(a)(30)
United States person
The term
''United States person'' means -
(A) a
citizen or
resident of the United States,
(B) a domestic partnership,
(C) a domestic
corporation,
(D) any estate (other than a foreign estate, within the meaning
of paragraph (31)), and
(E) any trust if -
(i) a court within the United States is able to exercise primary
supervision over the administration of the
trust, and
(ii) one or more United States persons have the authority to
control all substantial decisions of the trust.
- “domestic”. Both “domicile” and “domestic” have the root
“dom” as their source. Both imply the same thing. Within
the Internal Revenue Code, “domestic” is defined as follows:
TITLE
26 >
Subtitle
F >
CHAPTER 79 > Sec. 7701.
Sec.
7701. - Definitions
(a) Definitions
(4) Domestic
The term “domestic” when applied to a corporation or partnership
means created or
organized in the United States or under the law of the United
States or of any State unless, in the case of a partnership,
the Secretary provides otherwise by regulations.
Therefore, “domestic” means "subject to the laws of the United States”.
Under Federal Rule of Civil Procedure Rule 17(b), you cannot be
“subject” to the laws without having a domicile in the territory
where those laws apply.
Those who are “nonresident aliens”, “nontaxpayers”
and “transient foreigners” therefore cannot declare themselves as being
either “citizens”, “residents”, “inhabitants”, “U.S. persons”, “individuals”,
or “domestic” on any federal government form, or they forfeit their
status and become “taxpayers”, “domiciliaries”, and “subjects” and tenants
living on the king’s land. For an important example of how the
above concept applies, examine the IRS Form W-8BEN:
Block 3 is used by the applicant to declare both
the entity type AND their legal domicile as well. The declaration
of “domicile” is “hidden” in the word “individual”. Notice there
is no block on the form for either “human being” or “transient foreigner”.
The only block a human being can fill out is “individual”.
5 U.S.C. §552a(a)(2) identifies an “individual” as either
a “citizen” or a “resident”, and a person who is a nonresident alien
cannot be either. Therefore, the form essentially coerces the
applicant into committing perjury by not providing an option to accurately
describe themselves, such as a box for “transient foreigner” or “human
being”. This defect is remedied in the amended version of the
form available below, which adds to Block 3 an option called “transient
foreigner”:
The regulations relating to "aliens"
also establish the following presumptions:
- All “aliens” are presumed to be “nonresident aliens” but this
may be overcome upon presentation of proof:
Title 26: Internal Revenue
PART 1—INCOME TAXES
nonresident alien individuals
§ 1.871-4 Proof of residence of aliens.
(a) Rules of evidence. The following rules of evidence
shall govern in determining whether or not an alien within the
United States has acquired residence therein for purposes of
the income tax.
(b) Nonresidence presumed. An alien by reason of his alienage,
is presumed to be a nonresident alien.
(c) Presumption rebutted--
(1) Departing alien. In
the case of an alien who presents himself for determination
of tax liability before departure from the United States, the
presumption as to the alien's nonresidence may be overcome by
proof--
- An "alien"
who has acquired permanent residence retains that residence until
he physically departs from the "United States", which is defined
as the District of Columbia in
26 U.S.C. §7701(a)(9) and (a)(10) and not expanded anywhere
else in the I.R.C. to include any other place. The purpose
for this presumption is to perpetuate the jurisdiction to tax aliens:
Title 26: Internal Revenue
PART 1—INCOME TAXES
nonresident alien individuals
§ 1.871-5 Loss of residence by an alien.
An alien who has acquired
residence in the United States retains his status as a resident
until he abandons the same and actually departs from the United
States. An intention to change his residence does not
change his status as a resident alien to that of a nonresident
alien. Thus, an alien who has acquired a residence in the United
States is taxable as a
resident for the remainder of his stay in the United States.
If you are a “national” but not “citizen” pursuant to
8 U.S.C. §1452, don’t let the above concern you, because you are
not an “alien” as defined in
26 U.S.C. §7701(b)(1)(A), but rather an “nonresident alien” as defined
in
26 U.S.C. §7701(b)(1)(B).
Now that we understand the differences between
those who have contracted to be protected, called “citizens”, “residents”,
and “inhabitants”, and those who have not, called “transient foreigners”
or “nonresidents”, the next issue we must deal with is to determine
how those who are “nonresidents” or “transient foreigners” in relation
to a specific state government can achieve a remedy for the protection
of their rights in state court. In order to get to the point where we
can explain this, we must first describe the TWO types of jurisdictions
that the state courts exercise. We don’t have space here to cover
all the nuances of this subject, but we will summarize these differences
and point you to more information if you want to look into it.
There are two types of jurisdictions within each state government:
- The “de jure republic”. This jurisdiction controls everything
that happens on land protected by the Constitution.
- The “de facto federal corporation”. This jurisdiction
handles everything that deals with government agency, office, employment,
"benefits", "public rights", and territory and it's legislation
is limited to those domiciled on federal territory or contracting
with either the state or federal governments. Collectively,
the subject of legislation aimed at this jurisdiction is the "public
domain" or what the courts call "publici juris".
The differences between the two jurisdictions above
are exhaustively described in the following fascinating document:
In the above document, a table is provided comparing
the two types of jurisdictions which we repeat here, extracted from
section 8.3. Understanding this table is important in determining
how we achieve a remedy in a state court for an injury to our constitutional
rights.
Table 3:
Comparison of Republic State v. Corporate State
|
# |
Attribute |
Republic State |
Corporate State |
|
1 |
Nature of government |
De jure |
De facto |
|
2 |
Composition |
Physical state
(Attaches to physical territory) |
Virtual state
(Attaches to status of people on the land) |
|
3 |
Name |
“Republic of __________”
“The State” |
“State of _____________”
“this State” |
|
4 |
Name of this entity in federal law |
Called a “state” or “foreign state” |
Called a “State” as defined in
4 U.S.C. §110(d) |
|
5 |
Territory over which “sovereign” |
All land not under exclusive federal jurisdiction within
the exterior borders of the Constitutional state. |
Federal territory within the exterior limits of the state
borrowed from the federal government under the Buck Act,
4 U.S.C. §110(d). |
|
6 |
Protected by the Bill of Rights, which is the first ten
amendments to the United States Constitution? |
Yes |
No
(No rights. Only statutory “privileges”) |
|
7 |
Form of government |
Constitutional Republic |
Legislative totalitarian socialist democracy |
|
8 |
A corporation? |
Yes |
Yes |
|
9 |
A federal corporation? |
No |
Yes |
|
10 |
Exclusive jurisdiction over its own lands? |
Yes |
No. Shared with federal government pursuant to Buck
Act , Assimilated Crimes Act, and ACTA Agreement
. |
|
11 |
“Possession” of the United States? |
No
(sovereign and “foreign” with respect to national government) |
Yes |
|
12 |
Subject to exclusive federal jurisdiction? |
No |
Yes |
|
13 |
Subject to federal income tax? |
No |
Yes |
|
14 |
Subject to state income tax? |
No |
Yes |
|
15 |
Subject to state sales tax? |
No |
Yes |
|
16 |
Subject to national military draft?
(See SEDM Form #05.030
http://sedm.org/Forms/FormIndex.htm) |
No |
Yes |
|
17 |
Citizenship of those domiciled therein |
1. Constitutional but not statutory citizen.
2. “national” or “state national” pursuant
to
8 U.S.C. §§1101(a)(21) and
1452 . Not a statutory “U.S. citizen” pursuant
to
8 U.S.C. §1401 . |
Statutory “U.S. citizen” pursuant to
8 U.S.C. §1401 |
|
18 |
Licenses such as marriage license, driver’s license,
business license required in this jurisdiction? |
No |
Yes |
|
19 |
Voters called |
“Electors” |
“Registered voters” |
|
20 |
How you declare your domicile in this jurisdiction |
1. Describing yourself as a “state national”
but not a statutory “U.S. citizen on all government forms.
2. Registering as an “elector” rather
than a voter.
3. Terminating participation in all federal benefit
programs. |
1. Describing yourself as a statutory
“U.S. citizen” on any state or federal form.
2. Applying for a federal benefit.
3. Applying for and receiving any kind
of state license. |
|
21 |
Standing in court to sue for injury to rights |
Constitution and the common law. |
Statutory civil law |
|
22 |
“Rights” within this jurisdiction are based upon |
The Bill of Rights |
Statutory franchises |
|
23 |
“Citizens”, “residents”, and “inhabitants” of this jurisdiction
are |
Private human beings |
Public entities such as government employees, instrumentalities,
and corporations (franchisees of the government) ONLY |
|
24 |
Civil jurisdiction originates from |
Voluntary choice of domicile on the territory of the sovereign
AND your consent. This means you must be a "citizen"
or a "resident" BEFORE this type of law can be enforced
against you. |
Your right to contract by signing up for government franchises/
"benefits". Domicile/residence is NOT requirement
or the requirement appears in the statutes but is ignored
as a matter of policy. |
When we say that we are a “transient foreigner”
or “nonresident” within a court pleading or within this document, we
must be careful to define WHICH of the TWO jurisdictions above that
status relates to in order to avoid ambiguity and avoid being called
“frivolous” by the courts. Within this document and elsewhere,
the term “transient foreigner” or “nonresident” relates to the jurisdiction
in the right
column above but NOT to the column on the
left. You
can be a “nonresident” of the Corporate/De Facto state on the right
and yet at the same time ALSO be a “citizen” or “resident” of the Republic/De
Jure State on the left above. This distinction is critical.
If you are at all confused by this distinction, we strongly suggest
reading the Corporatization
and Privatization of the Government document referenced above
so that the distinctions are clear.
The Corporate/De Facto state on the right above
enacts statutes that can and do only relate to those who are public
entities (called “publici juris”) that are government instrumentalities,
employees, officers, and franchisees of the government called “corporations”,
all of whom are consensually associated with the government by virtue
of exercising their right to contract with the government. Technically
speaking, all such statutes are franchises implemented using the civil
law. This is explained further in the following:
The U.S. Supreme Court has held that the ability
to regulate private conduct is repugnant to the Constitution.
Consequently, the government cannot enact statutes or law of any kind
that would regulate the conduct of private parties. Therefore,
nearly all civil statutes passed by any state or municipal government,
and especially those relating to licensed activities, can and do only
relate to public and not private parties that are all officers of the
government and not human beings. This is exhaustively analyzed
and proven in the following:
We will now spend the rest of this section applying
these concepts to how one might pursue a remedy for an injury to so-called
“right” within a state court by invoking the jurisdiction of the Republic/De
Jure state on the left and avoiding the jurisdiction of the Corporate/De
Facto state on the right.
Civil law attaches to one's voluntary choice of
domicile/residence. Criminal law does not. De jure criminal law depends
only on physical presence on the territory of the sovereign and the
commission of an injurious act against a fellow sovereign on that territory.
Laws like the vehicle code do have criminal provisions, but they are
not de jure criminal law, but rather civil law that attaches to the
domicile/residence of the party within a franchise agreement, which
is the "driver license" and all the rights it confers to the government
to regulate your actions as a "driver" domiciled in the Corporate/de
facto state.
Within the forms and publications on this website there are two possible
statuses that one may declare as a sovereign:
- You are a transient foreigner and a citizen of ONLY the
Kingdom of Heaven on earth. "My state" in this context means the
Holy Bible.
- You are a state national with a domicile in the Republic/De
Jure state but not the Corporate/De Facto state. "My state"
in this context means the de jure state and excludes just about
everything passed by the de facto state government, including all
franchises such as marriage licenses, income taxes, etc. Franchises
cannot lawfully be implemented in the De Jure State but can only
occur in the De Facto Corporate State. The reason why franchises
cannot lawfully be implemented in the De Jure State is because rights
are "unalienable" in the De Jure State, which means you aren't allowed
to contract them away to a real, de jure government.
Both of the above statuses have in common that
those who declare themselves to be either cannot invoke the statutory
law of the Corporate/De Facto state, but must invoke only the common
law and the Constitution in their defense. There is tons of reference
material on the common law in the following:
The following book even has sample pleadings for
the main common law actions:
Transient foreigners may not have a domicile or
be subject to the civil laws in relation only to the place they have
that status, but they don't need the civil laws to be protected. The
Constitution attaches to the land, and not the status of the persons
on that land.
"It is locality that is determinative of the application of the
Constitution, in such matters as judicial procedure, and not the
status of the people who live in it."
[Balzac v. Porto Rico, 258 U.S. 298 (1922)]
The Constitution and the common law are the only
thing one needs to protect oneself as a PRIVATE and not PUBLIC entity.
That is why we place so much emphasis on the common law on this website.
John Harris explains why in the following video:
Those who are believers AND transient foreigners
but not “citizens”, “residents” or “inhabitants” of
either the Republic/De
Jure state or the Corporate/De Facto State DO in fact STILL have a state,
which is the Kingdom of Heaven on Earth. That state has all the
elements necessary to be legitimate: territory, people, and laws.
The territory is the Earth, which the Bible says belongs to the Lord
and not Caesar. It has people, which are your fellow believers.
The laws are itemized in the Holy Bible and enumerated below:
In conclusion, those who are “transient foreigners” or “Nonresidents”
in relation to the Corporate/De Facto state can use the state court
for protection, but they must:
- Be careful to define which of the two possible jurisdictions
they are operating within using the documents referenced in this
section.
- Avoid federal court. All federal circuit and district
courts are Article IV territorial courts in the legislative
and not judicial branch of the government that may only officiate
over franchises. They are not Article III constitutional
courts that may deal with rights protected by the constitution.
This is exhaustively proven with thousands of pages of evidence
in:
- Properly declare their status consistent with this document
in their complaint. See the following forms as an example
how to do this:
3.1.
Affidavit of Citizenship,
Domicile, and Tax Status, Form #02.001
http://sedm.org/Forms/FormIndex.htm
3.2.
Federal Pleading/Motion/Petition
Attachment, Litigation Tool #01.002
http://sedm.org/Litigation/LitIndex.htm
3.3.
Rules of Presumption and
Statutory Interpretation<, Litigation Tool #01.006
http://sedm.org/Litigation/LitIndex.htm
- Respond to discovery relating to their status and standing with
the following:
- Invoke the common law and not statutory law to be protected.
- Be careful to educate the judge and the jury to prevent common
injurious presumptions that would undermine their status.
See:
- Follow the rules of pleading and practice for the common law.
- Ensure that those who sit on the jury have the same status as
them by ensuring that those who are statutory “U.S. citizens” or
franchise participants are excluded as having a financial conflict
of interest.
Based on the foregoing discussion, it ought to
be obvious that the government doesn't want you to know any of the following
facts:
- That all civil jurisdiction originates from your choice of domicile.
- That all income taxation is a civil liability that originates
from your choice of domicile.
- That domicile requires your consent and is the equivalent of
your consent to be civilly governed as required by the Declaration
of Independence.
- That because they need your consent to choose a domicile, they
can't tax or even govern you civilly without your consent.
- That domicile is based on the coincidence of physical presence
and intent/consent to permanently remain in a place.
- That unless you choose a domicile within the jurisdiction of
the government that has general jurisdiction where you live, they
have no authority to institute income taxation upon you.
- That no one can determine your domicile except you.
- That if you don't want the protection of government, you can
fire them and handle your own protection, by changing your domicile
to a different place or group or government or choosing no domicile
at all. This then relieves you of an obligation to pay income
taxes to support the protection that you no longer want or need.
Therefore, governments have a vested interest in
hiding the relationship of “domicile” to income taxation by removing
it or at least obfuscating it in their “codes”. A number of irreconcilable
conflicts of law are created by COMPELLING EVERYONE to have either a
specific domicile or an earthly domicile. A number of irreconcilable
conflicts of law are created by COMPELLING EVERYONE to have an earthly
domicile. For instance:
- If the First Amendment gives us a right to freely associate
and also implies a right to DISASSOCIATE, how can we be compelled
to associate with a “state” or the people in the locality where
we live without violating the First Amendment? It may not
be presumed that we moved to a place because we wanted to associate
with the people there.
- Domicile creates a duty of allegiance, according to the cite
above. All allegiance MUST be voluntary. How can the
state compel allegiance by compelling a person to have or to choose
an earthly domicile? What gives them the right to insist that
the only legitimate type of domicile is associated with a government?
Why can’t it be a church, a religious group, or simply an association
of people who want to have their own police force or protection
service separated from the state? Since the only product that
government delivers is “protection”, why can’t people have the right
to fire the government and provide their own protection with the
tax money they would have paid the government?
- When one chooses a domicile, they create a legal or contractual
obligation to support a specific government, based on the above.
By compelling everyone to choose an earthly domicile whose object
is a specific government or state, isn’t the state interfering with
our right to contract by compelling us to contract with a specific
government for our protection? The Constitution, Article 1,
Section 10 says no state shall make any law impairing the obligation
of contracts. Implicit in this right to contract is the right
NOT to contract. Every right implies the opposite right.
Therefore, how can everyone be compelled to have a domicile without
violating their right to contract?
- The U.S. Supreme Court also said that income taxation based
on domicile is “quasi-contractual” in nature.
“Even if the judgment is deemed to be colored by the nature
of the obligation whose validity it establishes, and we are
free to re-examine it, and, if we find it to be based on an
obligation penal in character, to refuse to enforce it outside
the state where rendered, see Wisconsin v. Pelican Insurance
Co.,
127 U.S. 265 , 292, et seq. 8 S.Ct. 1370, compare Fauntleroy
v. Lum,
210 U.S. 230 , 28 S.Ct. 641,
still the obligation to pay
taxes is not penal. It is a statutory liability, quasi contractual
in nature, enforceable, if there is no exclusive statutory remedy,
in the civil courts by the common-law action of debt or indebitatus
assumpsit. United States v. Chamberlin,
219 U.S. 250 , 31 S.Ct. 155; Price v. United States,
269 U.S. 492 , 46 S.Ct. 180; Dollar Savings Bank v. United
States, 19 Wall. 227; and see Stockwell v. United States, 13
Wall. 531, 542; Meredith v. United States, 13 Pet. 486, 493.
This was the rule established in the English courts before the
Declaration of Independence. Attorney General v.
Weeks, Bunbury's Exch. Rep. 223; Attorney General v. Jewers
and Batty, Bunbury's Exch. Rep. 225; Attorney General v. Hatton,
Bunbury's Exch. Rep. [296 U.S. 268, 272]
262; Attorney General v. _ _, 2 Ans.Rep. 558; see Comyn's Digest
(Title 'Dett,' A, 9); 1 Chitty on Pleading, 123; cf. Attorney
General v. Sewell, 4 M.&W. 77. “
[Milwaukee v. White,
296 U.S. 268 (1935)]
The “quasi-contract” they are referring to above
is your voluntary choice of “domicile”, no doubt. How can
they compel such a contract if the person who is the object of the compulsion
refuses to “do business” with the state and also refuses to avail themselves
of any of the benefits of membership in said state? Wouldn’t that
amount to slavery, involuntary servitude, and violate the Thirteenth
Amendment prohibition against involuntary servitude?
Do you see how subtle this domicile thing is?
It's a very sneaky way to draw you into the world system and force you
to adopt and comply with earthly laws and a government that are hostile
towards and foreign to God’s laws. All of the above deceptions
and ruses are designed to keep you enslaved and entrapped to support
a government that does nothing for you and which you may even want to
abandon or disassociate with. Keep these tricks in mind as you
look at how they are implemented on the government forms we will show
you in the next section.
You should view every opportunity to complete a
government form or any form that indicates a “domicile”, “residence”,
or “permanent address” as:
- A waiver of sovereign immunity under 28 U.S.C. §1603(b)(3) and
28 U.S.C. §1605(b)(2).
- A change in status from "foreign" to "domestic" in relation
to the government that created the form.
- An agreement or contract to become a "customer" of government
protection called a “citizen”, “resident”, and/or “inhabitant” within
a specific jurisdiction.
- The conveyance of “consent to be governed” as the Declaration
of Independence indicates.
- An attempt to nominate a protector and delegate to them the
authority to supervise and even penalize your activities under the
authority of the civil law.
- An agreement to pay for the protection of the specific government
you have nominated to protect you.
- A voluntary attempt on your part to surrender rights recognized
in the Constitution in exchange for privileges and “benefits” under
a franchise agreement and to change your status from a “transient
foreigner” to a “person” subject to federal statutes. The
most privileged status you can be in is to be a resident alien participating
in federal franchises. The Declaration of Independence says
that rights protected by the Constitution are “unalienable”, meaning
that they CAN’T be sold, transferred, or bargained away in relation
to any government by any commercial process, including a government
franchise or application. Therefore, you are recognizing that
the grantor of the benefit is not a government, but a private corporation.
- An attempt to destroy equal protection mandated by the Constitution
and make a specific government your "parens patriae", or government
parent.
In short, anyone who asks you to fill out a government
form or indicate a “domicile”, “residence”, or “permanent address” on
their own private form is asking you the following question:
“Who’s your daddy and where does he live? We want to notify
him that you have selected him as your protector and agreed to become
liable to subsidize his protection racket and his supervision of
your otherwise private affairs. We don’t trust you so we want
you to agree to sign this protection contract, nominate a protector,
and agree to become his privileged employee or officer so he will
ensure you won’t become a burden, bother, or injury to us.”
There are several ways that you are often deceived
into inadvertently declaring a domicile on federal territory on government
forms.
- By declaring that you
maintain a domicile or live in the “United States”, which
is defined as federal territory and excludes states of the Union
pursuant to 26 U.S.C. §7701(a)(9) and (a)(10). This is done
by filling out anything in the block labeled “permanent address”
or “residence” and indicating anything in that block other than
the de jure republic you were born within or the Kingdom of Heaven
on Earth.
TITLE 26
>
Subtitle
F >
CHAPTER 79 > Sec. 7701. [Internal Revenue Code]
Sec.
7701. - Definitions
(a) When used in this title, where not otherwise distinctly
expressed or manifestly incompatible with the intent thereof—
(9) United States
The term ''United States'' when used in a geographical sense
includes only the
States and the District of Columbia.
(10)State
The term ''State'' shall be construed to include the District
of Columbia, where such construction is necessary to carry out
provisions of this title.
People born and domiciled within
the de jure states of the Union are domiciled in the “United States
of America” or in the name of their state. For instance, under
“country”, put “California Republic” instead of “United States”.
- By filling out a government
form and indicating that you are a statutory “U.S. citizen” pursuant
to
8 U.S.C. §1401 or “resident” or “permanent resident” pursuant
to
26 U.S.C. §7701(b)(4)(B). All such persons have
a legal domicile on federal territory. Collectively, these
people are called “U.S. persons” pursuant to
26 U.S.C. §7701(a)(30).
- By filling out a form
that presumes you are a “U.S. person”, such as IRS form 1040.
That form is ONLY for use by “U.S. persons” pursuant to
26 U.S.C. §7701(a)(30) who have a legal domicile on federal
territory. If you are not domiciled on federal territory,
the only correct form to use is the IRS form 1040NR.
1040A 11327A Each
U.S. Individual Income Tax
Return
Annual income
tax return filed by
citizens and residents of the United States. There
are separate instructions available for this item. The
catalog number for the instructions is 12088U.
W:CAR:MP:FP:F:I Tax Form or Instructions
[
2003 IRS Published Products Catalog, p. F-15;
SOURCE:
http://famguardian.org/TaxFreedom/Forms/IRS/IRSDoc7130.pdf]
- By requesting or using
a Social Security Number on any government form. Social
Security Numbers can only lawfully be issued to persons with a legal
domicile on federal territory. 20 CFR §422.104 says
the number can only be issued to statutory “U.S. citizens” pursuant
to
8 U.S.C. §1401 or statutory “permanent residents”, both
of whom have in common a domicile on federal territory.
26 CFR § 301.6109-1(g)
(g) Special rules for taxpayer
identifying numbers issued to foreign persons--
(1) General rule--
(i) Social security number.
A social security
number is generally identified in the records and database of
the Internal Revenue Service as a number belonging to a U.S.
citizen
or resident alien
individual. A person may establish a different status
for the number by providing proof of foreign status with the
Internal Revenue Service under such procedures as the Internal
Revenue Service shall prescribe, including the use of a form
as the Internal Revenue Service may specify. Upon accepting
an individual as a nonresident alien individual, the Internal
Revenue Service will assign this status to the individual's
social security number.
______________________________________
TITLE 20--EMPLOYEES'
BENEFITS
CHAPTER III--SOCIAL
SECURITY ADMINISTRATION
PART 422_ORGANIZATION
AND PROCEDURES--Table of Contents
Subpart B_General
Procedures
Sec. 422.104
Who can be assigned a social security number.
(a)
Persons eligible for
SSN assignment.
We can assign you a social security
number if you meet the evidence requirements in Sec. 422.107
and you are:
(1)
A United States citizen;
or
(2)
An alien lawfully admitted
to the United States for permanent residence or under
other authority of law permitting you to work in the United
States (Sec. 422.105 describes how we determine if a nonimmigrant
alien is permitted to work in the United States); or
- By requesting or using
a Taxpayer Identification Number on any government form, you create
a presumption that you are engaged in the “trade or business” franchise
and are a “resident” of federal territory. The only
people who need them are “taxpayers” who are engaged in a “trade
or business”/”public office” in the District of Columbia and therefore
partaking of federal franchises. All such persons have an
effective domicile in the District of Columbia because they are
representing a federal corporation, the “United States” pursuant
to 28 U.S.C. §3002(15)(A) and are officers of that corporation.
26 U.S.C. §7701(a)(39), 26 U.S.C. §7408(d), and Fed.R.Civ.Proc.
17(b) all place their effective domicile in the District of
Columbia and not within the place they physically occupy by virtue
of the fact that they are acting in a representative capacity as
a “public officer”.
26 CFR §301.7701-5 Domestic, foreign, resident, and nonresident
persons.
A domestic corporation is one organized or created in the United States,
including only the States (and during the periods when not States,
the Territories of Alaska and Hawaii), and the District of Columbia,
or under the law of the United States or of any State or Territory.
A foreign corporation is one which is not domestic. A domestic
corporation is a resident corporation even though it does no
business and owns no property in the United States.
A foreign corporation
engaged in trade or business within the United States is referred
to in the regulations in this chapter as a resident foreign
corporation, and a foreign corporation not engaged in trade
or business within the United States, as a nonresident foreign
corporation. A partnership engaged in trade or business
within the United States is referred to in the regulations in
this chapter as a resident partnership, and a partnership not
engaged in trade or business within the United States, as a
nonresident partnership.
Whether a partnership
is to be regarded as resident or nonresident is not determined
by the nationality or residence of its members or by the place
in which it was created or organized.
[Amended by T.D. 8813, Federal Register: February 2, 1999 (Volume
64, Number 21), Page 4967-4975]
[SOURCE:
http://famguardian.org/TaxFreedom/CitesByTopic/Resident-26cfr301.7701-5.pdf]
We will now spend the rest of the section talking
about how to avoid the problem described in item 1 above. There
are many occasions on government forms, and especially tax forms, where
we will be asked if we are “residents” and what our “residence” is and
we must be very careful what we put on these forms. If a "residence"
must be established on a government form for any reason, the safest
way to handle this situation as a Christian is as follows:
- Line out the word “residence” and replace it with “domicile”.
- In the block declaring “residence” or “permanent address”, put
one of the following:
2.1. “Kingdom of Heaven on Earth (not within any man made
government)”.
2.2. A geographical place that has no owner and no government,
such as the middle of the ocean.
- At the end of the address line put in parenthesis: “Not
a domicile or residence.”
- If they ask you if you are a “resident”, simply say “NO”.
- Put a note at the bottom saying:
“See and rebut the following web address for details,
if you disagree:
http://famguardian.org/TaxFreedom/Forms/Emancipation/ChangeOfAddressAttachment.htm
“
Any location of "residence" other than “Kingdom
of Heaven on Earth” or a place not within the jurisdiction of any man-made
government, however, will prejudice your rights, violate the Bible,
and result in idolatry towards man/government. In fact, we believe
the word "residence" and “resident” were invented by the legal profession
as a way to separate intent from the word "domicile" so that people
would no longer have a choice of their legal home. Christians
should be very wary of this devious legal trap and avoid it as indicated
above.
“And have no fellowship with the
unfruitful works of darkness, but rather expose [rebuke] them.”
[
Eph. 5:11, Bible, NKJV]
Our job while on earth as Christians, according to Jesus Christ Himself,
is instead to keep ourselves "unspotted from the world" and the corrupted
governments of the world:
"Pure
and undefiled religion before God and the Father is this:
to visit orphans and widows in their trouble, and
to keep oneself unspotted
from the world [and the governments, corruption, taxes,
and citizenship obligations]."
[James
1:27, Bible NKJV]
There are also BIG advantages to declaring
our domicile as being outside of federal jurisdiction in either the
Kingdom of Heaven on Earth or a state of the Union, which is “foreign”
with respect to the federal government. For instance, one's domicile
determines the rules of decision of every court in which a person is
sued. Below is an excerpt from the Federal Rules of Civil Procedure,
Rule 17(b) which proves this:
IV. PARTIES
> Rule 17.
Rule 17. Parties Plaintiff and Defendant; Capacity
(b) Capacity to Sue or be Sued.
Capacity to sue or be sued
is determined as follows:
(1) for an individual who
is not acting in a representative capacity, by the law of the individual's
domicile;
(2) for a corporation,
by the law under which it was organized; and
(3) for all other
parties, by the law of the state where the court is located, except
that:
(A) a partnership
or other unincorporated association with no such capacity under
that state's law may sue or be sued in its common name to enforce
a substantive right existing under the United States Constitution
or laws; and
(B)
28 U.S.C.
§§ 754 and
959(a)
govern the capacity of a receiver appointed by a United States court
to sue or be sued in a United States court.
[SOURCE:
http://www.law.cornell.edu/rules/frcp/Rule17.htm]
The above may not seem like a big deal, until you
consider that if a person declares "heaven" as their domicile, then
the court has to use God's laws in the Holy Bible as the only rules
of decision! They cannot quote ANY federal statute or even court
ruling as authority for what they are doing. The only thing they
can apply is God's law and the rulings of ecclesiastical courts on the
subject. We would LOVE to see this in a tax trial. The government
would get CREAMED! This tactic is what we affectionately call
"courtroom evangelism".
Below is an example of how to fill out a Change
of Address for the state of California to remove any presumptions about
“residence”. If you don’t do this, the state will essentially
legally “presume” that you are an “alien”, a “resident”, and a “taxpayer”,
and this will grossly prejudice your Constitutional rights:
A number of legal factors are used in determining
one's domicile. The following facts and circumstances, although
not necessarily conclusive, have probative value to support a claim
of domicile within a particular state:
- Continuous presence in the state.
- Payment of ad valorem (property) taxes.
- Payment of personal income taxes.
- Reliance upon state sources for financial support.
- Domicile in the state of family, or other relatives, or persons
legally responsible for the person.
- Former domicile in the state and maintenance of significant
connections therein while absent.
- Ownership of a home or real property.
- Admission to a licensed practicing profession in the state.
- Long term military commitments in the state.
- Commitments to further education in the state indicating an
intent to stay here permanently.
- Acceptance of an offer of permanent employment in the state.
- Location of spouse's employment, if any.
- Address of student listed on selective service (draft or reserves)
registration.
Other factors indicating an intent to make a state
one's domicile may be considered. Normally, the following circumstances
do not constitute evidence of domicile sufficient to effect classification
as a domiciliary:
- Voting or registration for voting.
- The lease of living quarters.
- A statement of intention to acquire a domicile in state.
- Automobile registration; address on driver's license; payment
of automobile taxes.
- Location of bank or saving accounts.
To conclude this section, you may wish to look at a few of the government's forms that
effectively ask you what your "domicile" is, so you can see what we
are talking about in this section. Before we do, we must emphasize
that in some cases, the version of a form we choose to file, even if
it says nothing on the form about "domicile", may determine our "residence"!
For instance, if we file a 1040NR form, we are claiming that we are
not a “resident alien” and that we do not maintain a domicile in the
District of Columbia. Whereas, if we file a 1040 form, we are
claiming that we are either a “resident” with a domicile in the District
of Columbia, or are a “U.S. citizen” who is described as a “alien” coming
under a tax treaty with the United States if we attach a form 2555 to
the 1040 form. Also keep in mind that only a "resident"
can have a "residence", and that all "residents" are aliens under the
tax code, as far as we understand it. This is confirmed by our
quote of
26 CFR §1.871-2 earlier in this section, which you may want to go
back and read. With these important considerations, below are
a few of the forms that determine our “domicile”:
Table 25: Example forms that determine domicile
|
# |
Issuing agency |
Form number |
Form name |
“Domicile” |
Blocks that determine domicile |
Amplification |
| 1
|
IRS |
1040, 1040EZ, 1040A |
U.S. Individual Income Tax Return |
District of Columbia (only) |
None. Just filing the form does this. |
|
| 2
|
IRS |
1040NR |
U.S. Nonresident Alien Income Tax Return |
State of the Union or foreign country |
None. Just filing the form does this. |
|
| 3
|
IRS |
2555 |
Foreign Earned Income Exclusion |
Abroad (foreign country) |
None. Just filing the form does this. |
|
| 4
|
IRS |
W-8BEN |
|
Place indicated in Block 4 |
Block 4: “Permanent address” |
Make sure you put “Heaven” here! |
| 5
|
Dept. of State |
DS-11 |
Application for U.S. Passport or Registration |
Place indicated in Block 13. |
Block 13: “Permanent address” |
Make sure you put “Heaven” here! |
| 6
|
States |
Change of address |
Example:
California DMV-14 form |
Place indicated in “New Correct Residence Address” |
“New Correct residence address” |
Make sure you put “Heaven” here! |
| 7
|
States |
Voter registration |
Voter registration |
State where filed |
|
|
| 8
|
States |
Driver’s license application |
Driver’s license application |
State where filed (some states, not all) |
|
In Oregon, you declare yourself to be a “resident” just by getting
a state Driver’s License. However, not all states do this.
|
When you fill out government forms to reflect a
domicile that is in the Kingdom of Heaven on Earth, some ignorant or
wicked or atheist clerks may decide to argue with you. Below are
the three most popular arguments you will hear, which are each accompanied
by tactics that are useful in opposing them:
- If you submit the government form to a private company or organization,
they may say that they as have an unofficial "policy" of not accepting
such forms. In response to such tactics, find another company
that will accept it. If all companies won't accept it, then
sue the companies for violation of First Amendment rights.
- They may say that "domicile" is based on a physical place and
that Heaven is not a physical place. In response to this,
we must remember that the First Amendment prevents the government
from "establishing a religion". Because of this prohibition,
the government can't even "define" what a religion is:
A problem common
to both religion clauses of the First Amendment is the dilemma
of defining religion. To define religion is in a sense
to establish it--those beliefs that are included enjoy a preferred
constitutional status. For those left out of the definition,
the definition may prove coercive. Indeed,
it is in this latter context, which roughly approximates the
area covered by the free exercise clause, where the cases and
discussion of the meaning of religion have primarily centered.
Professor Kent Greeawalt challenges the effort, and all efforts,
to define religion: "No specification of essential conditions
will capture all and only the benefits, practices, and organizations
that are regarded as religious in modern culture and should
be treated as such under the Constitution."
[First
Amendment Law, Barron-Dienes, West Publishing, ISBN 0-314-22677-X,
p. 432]
In order to determine that "Heaven" is not a physical place,
they would be violating the separation of church and state and infringing
upon your First Amendment right to practice your religion.
To even define what "Heaven" is or to say that it doesn't physically
exist is effectively to establish a religion.
- They may say that no place can qualify as a domicile that you
didn't occupy at one point or another. When they do this,
the proper response is to say that they are interfering with your
First Amendment religious rights and then to quote them the following
scriptures, which suggest that we had an existence in Heaven before
we ever came to earth and before time began:
"But God, who is rich in mercy,
because of His great love with which He loved us, even when
we were dead in trespasses,
made us alive together
with Christ (by grace you have been saved), and raised us up
together, and made us sit together in the heavenly places in
Christ Jesus, "
[
Eph. 2:4-6, Bible, NKJV]
_________________________________________________
"Before
I formed you in the womb I knew you;
Before you were born I sanctified you;
I ordained you a prophet to the nations."
[Jeremiah
1:5, Bible, NKJV]
_________________________________________________
"Therefore do not
be ashamed of the testimony of our Lord, nor of me His prisoner,
but share with me in the sufferings for the gospel according
to the power of
God, who has saved us and called us with a holy calling,
not according to our works, but according to His own purpose
and grace which was given to us in Christ Jesus
before [earthly]
time began,"
[
2 Tim. 1:8-9, Bible, NKJV]
_________________________________________________
"For we are His workmanship,
created in Christ Jesus for good works,
which God prepared
beforehand that we should walk in them."
[Eph.
2:10, Bible, NKJV]
_________________________________________________
I will praise You, for I am fearfully
and wonderfully made;
Marvelous are Your works,
And that my soul knows very well.
My frame was not hidden from You,
When I was made in secret,
And skillfully wrought in the lowest parts of the earth.
Your eyes saw my
substance, being yet unformed.
And in Your book they all were written,
The [earthly] days fashioned for me,
When as yet there were none of them.
How precious also are Your thoughts to me, O God!
How great is the sum of them!
[
Psalms 139:14-17, Bible, NKJV]
Another approach that is useful against this tactic
is to point out that the federal courts have ruled that:
"Similarly, when
a person is prevented from leaving his domicile by circumstances
not of his doing and beyond his control, he may be relieved of the
consequences attendant on domicile at that place.
In Roboz (USDC D.C. 1963) [Roboz v. Kennedy, 219 F.Supp. 892 (D.D.C.
1963), p. 24], a federal statute was involved which precluded the
return of an alien's property if he was found to be domiciled in
Hungary prior to a certain date. It was found that Hungary
was Nazi-controlled at the time in question and that the persons
involved would have left Hungary (and lost domicile there) had they
been able to. Since they had been precluded from leaving because
of the political privations imposed by the very government they
wanted to escape (the father was in prison there), the court would
not hold them to have lost their property based on a domicile that
circumstances beyond their control forced them to retain."
[Conflicts in a Nutshell,
David D. Siegel and Patrick J. Borchers, West Publishing, p. 24]
We should always remember that we never chose to
come here to earth, and our presence is involuntary. Therefore,
everything we do while here is a matter of compulsion rather than true
choice. This subject is covered more thoroughly earlier in sections
4.11.6 through 4.11.6.4 if you wish to investigate. Therefore,
we can be relieved of the consequences attendant to domicile if we do
not wish to have one here.
If all the above arguments are ineffective or when
the government refuses to recognize your choice of Heaven as a domicile,
remember also that the First Amendment STILL prevents them from compelling
you to associate with any group, including a state, and that they can't
compel you to belong to or consent to any earthly government or law,
to accept or pay for protection you don't want and don't need, and which
you can even prove is harmful to you. In effect, they cannot violate
the very reason for their establishment, which is protecting you the
way YOU, not THEM want to be protected.
The government has compelled domicile or interfered
with receiving the benefits of your choice by any of the following means:
-
Nowhere in Internal Revenue Code is the word “domicile” admitted
to be the source of the government’s jurisdiction to impose an income
tax, even though the U.S. Supreme Court admitted this in Miller
Brothers Co. v. Maryland,
347 U.S. 340 (1954). The word “domicile”, in fact, is
only used in two sections of the entire 9,500 page Internal Revenue
Code, Title 26. This is no accident, but a very devious way
for the government to avoid getting into arguments with persons
who it is accusing of being “taxpayers”. It avoids these arguments
by avoiding showing Americans the easiest way to challenge federal
jurisdiction, which is demanding proof from the government required
by
5 U.S.C. §556(d), who is the moving party, that you maintain
a domicile in the District of Columbia. The two sections below
are the only places where domicile is mentioned:
1.1.
26 U.S.C. §7448(j)(1)(B)(vi): Annuities to surviving spouses
and dependent children of judges.
1.2.
26 U.S.C. §6091: Defines where returns shall be submitted in
the case of deceased “taxpayers”, which is the “domicile” of the
decedent when he died.
-
They renamed the word "domicile" on government tax forms. They did
this so that income taxation "appears" to be based entirely on physical
presence, when in fact is also requires voluntary consent as well.
If you knew that the government needed your consent to become a
"taxpayer", then probably everyone would "un-volunteer" and the
government would be left scraping for pennies. Below are some
examples of other names they gave to "domicile":
2.1 "permanent address"
2.2 "permanent residence"
2.3 "residence": defined above, and only applying to nonresident
aliens. There is no definition of "residence" anywhere in
the I.R.C. in the context of a "citizen". Below is how
Volume 28 of the Corpus
Juris Secundum (C.J.S.) legal encyclopedia, Domicile,
describes the distinction between "residence" and "domicile":
Corpus Juris Secundum
§4 Domicile and Residence Distinguished
b. Use of Terms in Statutes
The terms "domicile" and "residence," as used in statutes,
are commonly, although not necessarily, construed as synonymous.
Whether the term "residence," as used in a statute, will be
construed as having the meaning of "domicile," or the term "domicile"
construed as "residence," depends on the purpose of the statute
and the nature of the subject matter, as well as the context
in which the term is used.32 It has been declared that the terms
"residence" and "domicile" are almost universally used interchangeably
in statute, and that since domicile and legal residence are
synonymous, the statutory rules for determining the place of
residence are the rules for determining domicile.34 However,
it has been held that "residence," when used in statutes, is
generally interpreted by the courts as meaning "domicile," but
with important exception.
Accordingly, whenever the terms "residence" and "domicile"
are used in connection with subjects of domestic policy, the
terms are equivalent, as they also are, generally, where a statute
prescribes residence as a qualification for the enjoyment of
a privilege or the exercise of a franchise. "Residence"
as used in various particular statutes has been considered synonymous
with "domicile." 39 However, the terms are not necessarily synonymous.40
[28
Corpus Juris Secundum, Domicile, §4 Domicile and Resident Distinguished]
-
By telling you that
you MUST have a "domicile". For instance, the
Volume 28 of the Corpus
Juris Secundum (C.J.S.) legal encyclopedia section on
"Domicile" says the following on this subject:
Corpus Juris Secundum
§5 Necessity and Number
"It is a settled principle that every person must have a
domicile somewhere.3 The law permits no individual to be without
a domicile,42 and an individual is never without a domicile
somewhere.13 Domicile is a continuing thing, and from the moment
a person is born he must, at all times, have a domicile ."
[28
Corpus Juris Secundum, Domicile, §5 Necessity and Number]
_________________________________________
Corpus Juris Secundum
§9 Domicile by Operation of Law
"Whenever a person does not fix a domicile for himself, the
law will fix one for him in accordance with the facts and circumstances
of the case; l2 and an infant's domicile will be fixed by operation
of law where it cannot be determined from that of the parents.73"
[28
Corpus Juris Secundum, Domicile, §9 Domicile by Operation
of Law]
Indirectly,
what they are suggesting in the above by FORCING you to have
a domicile is that:
3.1.
You cannot choose God as your sole Protector, but MUST
have an earthly protector who cannot be yourself.
3.2. Although the First Amendment gives you the
right to freely associate, it does not give you the right to
disassociate with ALL governments. This is an absurdity.
3.3.
Government has a monopoly on protection and that individuals
are not allowed to fire the government and provide their own
protection, either individually or collectively.
-
By inventing new words that allow them to avoid mentioning "domicile"
in their vague "codes" while giving you the impression that an obligation
exists that actually is consensual. For instance, in
26 U.S.C. §911 is the section of the I.R.C. entitled "Citizens
or residents of the United States living abroad". This
section identifies the income tax liabilities of persons domiciled
in the "United States" (federal zone) who are living temporarily
abroad. We showed earlier that if they have a domicile abroad,
then they cannot be either "citizens" or "residents" under the I.R.C.,
because domicile is a prerequisite for being either. In that
section, they very deceptively:
4.1 Use the word “abode” in
26 U.S.C. §911(d)(3) to describe one’s domicile so as
to remove the requirement for “intent” and “consent” from consideration
of the subject, even though they have no authority to ignore this
requirement for consent in the case of anything but an “alien”.
4.2 Don't even use the word "domicile" at all, and refuse
to acknowledge that what "citizens" or "residents" both have in
common is a "domicile" within the United States. They did this to
preserve the illusion that even after one changes their domicile
to a foreign country while abroad, the federal tax liability continues,
when in fact, it legally is not required to. After domicile
is changed, those Americans who changed it while abroad then are
no longer called "citizens" under federal law, but rather "nationals"
and "nonresident aliens".
4.3 They invented a new word called a "tax home", as if it
were a substitute for "domicile", when in fact it is not.
A "tax home" is defined in
26 U.S.C. §911 as a place where a person who has a temporary
presence abroad treats himself or herself as a privileged "resident"
in the foreign country but still also maintains a privileged "resident"
and "domicile" status in the "United States".
TITLE 26 >
Subtitle A >
CHAPTER 1 >
Subchapter N >
PART III >
Subpart B > § 911
§ 911. Citizens or residents of the United States living abroad
(d) Definitions
and special rules For purposes of this section—
(3) Tax home
The term “tax
home” means, with respect to any individual, such
individual’s home for purposes of section 162 (a)(2) (relating
to traveling expenses while away from home). An individual
shall not be treated
as having a tax home in a foreign country for any period for
which his abode [domicile] is within the United States [federal
zone].
The only way the government can maintain your status as a “taxpayer”
is to perpetuate you in a “privileged” state, so they simply don’t
offer any options to leave the privileged state by refusing to admit
to you that the terms “citizen” and “resident” presume you made
a voluntary choice of domicile within their jurisdiction.
I.R.C. section 162 mentioned above is the section for
privileged deductions, and the only persons who can take deductions
are those engaged in the privileged "trade or business" excise taxable
franchise. Therefore, the only person who would derive any
benefit from deductions is a person with a domicile in the “United
States” (District of Columbia) and who has earnings from that place
which are connected with a "trade or business", which means U.S.
government (corporation) source income as a "public officer".
Even the legal encyclopedia tries to hide the nature
of domicile. For instance, Volume 28 of the Corpus Juris Secundum
(C.J.S.) at:
which we quoted in the previous section does not
even mention the requirement for “allegiance” as part of domicile or
the fact that allegiance must be voluntary and not compelled, even though
the U.S. Supreme Court said this was an essential part of it:
“Since the Fourteenth Amendment makes one a citizen of the state
wherein he resides,
the fact of residence creates universally reciprocal duties of protection
by the state and of allegiance and support by the citizen. The latter
obviously includes a duty to pay taxes, and their nature and measure
is largely a political matter.”
[Miller Brothers Co. v. Maryland,
347 U.S. 340 (1954)]
The legal encyclopedia in the above deliberately
and maliciously omits mention of any of the following key concepts,
even though the U.S. Supreme Court has acknowledged elements of them
as we have shown:
- That allegiance that is the foundation of domicile must be voluntary
and cannot be coerced.
- That external factors such as the withdrawal of one’s right
to conduct commerce for failure to give allegiance causes domicile
choice to no longer be voluntary.
- That a choice of domicile constitutes an exercise of your First
Amendment right of freedom of association and that a failure to
associate with a specific government is an exercise of your right
of freedom from compelled association.
- That you retain all your constitutional rights even WITHOUT
choosing a domicile within a specific government because rights
attach to the land you are standing on and not the civil status
you choose by exercising your right to associate and becoming a
member of a “state” or municipality.
The result of maliciously refusing to acknowledge
the above concepts is a failure to acknowledge the foundation of all
just authority of every government on earth, which is the consent of
the governed mentioned in our Declaration of Independence.
“We hold these truths to be self-evident, that all men are created
equal, that they are endowed by their Creator with certain unalienable
Rights, that among these are Life, Liberty and the pursuit of Happiness.--That
to secure these rights,
Governments are instituted among Men, deriving their just powers
from the consent of the governed, --That whenever any
Form of Government becomes destructive of these ends, it is the
Right of the People to alter or to abolish it, and to institute
new Government, laying its foundation on such principles and organizing
its powers in such form, as to them shall seem most likely to effect
their Safety and Happiness.”
[Declaration of Independence]
A failure to acknowledge that requirement results
in a complete destruction of the sovereignty of the people, because
the basis of all your sovereignty is that no one can do anything to
you without your consent, unless you injured the equal rights of others.
This concept is exhaustively described in the following document:
In order to do business within any jurisdiction,
and especially with the government and financial institutions, one usually
needs identification documents. Such documents include:
- State driver’s license. Issued by the Dept. of Motor Vehicles
in your state.
- State ID card. Issued by the Dept. of Motor Vehicles in
your state.
- Permanent resident green card.
- National passport. Issued by the U.S. Dept. of State.
- U.S. Citizen Card. Issued by the Dept. of State.
These are typically used at border crossings.
All ID issued by the state governments, and especially
the driver’s license, requires that the applicant be a “resident” of
the “State of____”. If you look up the definition of “resident”
and “State of” or “State” or “in this State” within the state tax code,
these terms are defined to mean a privileged alien with a domicile on
federal territory not protected by the Constitution.
USA passports also require that you provide a domicile.
The Dept. of State DS-11 Form in Block 17 requires you to specify
a “Permanent Address”, which means domicile. See:
Domicile within the country is not necessary in
order to be issued a national passport. All you need is proof
of birth within that country. If you would like tips on how to
obtain a national passport without a domicile within a state and without
government issued identifying numbers that connect you to franchises,
see:
State ID, however, always requires domicile within
the state in order to be issued either a state driver’s license or a
state ID. Consequently, there is no way to avoid becoming privileged
if you want state ID. This situation would seem at first to be
a liability until you also consider that they can’t lawfully issue a
driver’s license to non-residents. Imagine going down to the DMV
and telling them that you are physically on state land but do not choose
a domicile here and that you can’t be compelled to and that you would
like for them to certify that you came in to request a license and that
you were refused and don’t qualify. Then you can show that piece
of paper called a “Letter of Disqualification” to the next police officer
who stops you and asks you for a license. Imagine having the following
dialog with the police officer when you get stopped:
Officer: May I see your license and registration please?
You: I’m
sorry, officer, but I went down to the DMV to request a license
and they told me that I don’t qualify because I am a non-resident
of this state. I have a Letter of Disqualification they gave
me while I was there stating that I made application and that they
could not lawfully issue me a license. Here it is, officer.
Officer:
Well, then do you have a license from another state?
You: My
domicile is in a place that has no government. Therefore,
there is no one who can issue licenses there. Can you show
me a DMV office in the middle of the ocean, which is where my domicile
is and where my will says my ashes will be PERMANENTLY taken to
when I die. My understanding is that domicile or residence
requires an intention to
permanently remain
at a place and I am not here permanently and don’t intend to remain
here. I am a perpetual traveler, a transient foreigner, and
a vagrant until I am buried.
Officer:
Don’t get cute with me. If you don’t produce a license, then
I’m going to cite you for driving without a license.
You: Driving
is a commercial activity and I am not presently engaged in a commercial
activity. Do you have any evidence to the contrary?
Furthermore, I’d love to see you explain to the judge how you can
punish me for refusing to have that which the government says they
can’t even lawfully issue me. That ought to be a good laugh.
I’m going to make sure the whole family is there for that one.
It’ll be better than Saturday Night Live!
We allege that the purpose of the vehicle code
in your state is NOT the promotion of public safety, but to manufacture
“residents” and “taxpayers”. The main vehicle by which states
of the Union, in fact, manufacture “residents”, who are privileged “public
officers” that are “taxpayers” and aliens with respect to the government
is essentially by compelling everyone to obtain and use state driver’s
licenses. This devious trap operates as follows:
- You cannot obtain a state driver’s license without being a “resident”.
If you go into any DMV office and tell them you are not a “resident”,
then they are not allowed to issue you a license. You can
ask from them what is called a “Letter of Disqualification”, which
states that you are not eligible for a driver’s license. You
can keep that letter and show it to any police officer who stops
you and wants your “license”. He cannot then cite your for
“driving without a license” that the state refuses to issue you,
nor can he impound your car for driving without a license!
California Vehicle Code
"14607.6. (a) Notwithstanding
any other provision of law, and except as provided in this section,
a motor vehicle
is subject to forfeiture as a nuisance if it is driven on a
highway in this state by a driver with a suspended or revoked
license, or by an unlicensed driver, who is a registered owner
of the vehicle at the time of impoundment and has a previous
misdemeanor conviction for a violation of subdivision (a) of
Section 12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4,
or 14601.5.
(b) A peace officer shall not stop a vehicle
for the sole reason of determining whether the driver is properly
licensed.
(c) (1)
If a driver is unable to produce a valid driver's license
on the demand of a peace officer enforcing the provisions of
this code, as required by subdivision (b) of Section 12951,
the vehicle shall be impounded regardless of ownership, unless
the peace officer is reasonably able, by other means, to verify
that the driver is properly licensed. Prior to impounding
a vehicle, a peace officer shall attempt to verify the license
status of a driver who claims to be properly licensed but is
unable to produce the license on demand of the peace officer.
(2) A peace officer shall not impound a vehicle
pursuant to this subdivision if the license of the driver expired
within the preceding 30 days and the driver would otherwise
have been properly licensed.
(3) A peace officer
may exercise discretion in a situation where the driver without
a valid license is an employee driving a vehicle registered
to the employer in the course of employment. A peace officer
may also exercise discretion in a situation where the driver
without a valid license is the employee of a bona fide business
establishment or is a person otherwise controlled by such an
establishment and it reasonably appears that an owner of the
vehicle, or an agent of the owner, relinquished possession of
the vehicle to the business establishment solely for servicing
or parking of the vehicle or other reasonably similar situations,
and where the vehicle was not to be driven except as directly
necessary to accomplish that business purpose. In this
event, if the vehicle can be returned to or be retrieved by
the business establishment or registered owner, the peace officer
may release and not impound the vehicle.
(4) A registered or legal owner of record at
the time of impoundment may request a hearing to determine the
validity of the impoundment pursuant to subdivision (n).
(5) If the driver of a vehicle impounded pursuant to this subdivision
was not a registered owner of the vehicle at the time of impoundment,
or if the driver of the vehicle was a registered owner of the
vehicle at the time of impoundment but the driver does not have
a previous conviction for a violation of subdivision (a) of
Section 12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4,
or 14601.5, the vehicle shall be released pursuant to this code
and is not subject to forfeiture.
(d) (1) This subdivision applies only if the
driver of the vehicle is a registered owner of the vehicle at
the time of impoundment. Except as provided in paragraph (5)
of subdivision (c), if the driver of a vehicle impounded pursuant
to subdivision (c) was a registered owner of the vehicle at
the time of impoundment, the impounding agency shall
authorize release of
the vehicle if, within three days of impoundment, the driver
of the vehicle at the time of impoundment presents his or her
valid driver's license, including a valid temporary California
driver's license or permit, to the impounding agency.
The vehicle shall then be released to a registered owner of
record at the time of impoundment, or an agent of that owner
authorized in writing, upon payment of towing and storage charges
related to the impoundment, and any administrative charges authorized
by Section 22850.5, providing that the person claiming the vehicle
is properly licensed and the vehicle is properly registered.
A vehicle impounded pursuant to the circumstances described
in paragraph (3) of subdivision (c) shall be released to a registered
owner whether or not the driver of the vehicle at the time of
impoundment presents a valid driver's license.
(2) If there is a community property interest
in the vehicle impounded pursuant to subdivision (c), owned
at the time of impoundment by a person other than the driver,
and the vehicle is the only vehicle available to the driver's
immediate family that may be operated with a class C driver's
license, the vehicle shall be released to a registered owner
or to the community property interest owner upon compliance
with all of the following requirements:
(A) The registered owner or the community property
interest owner requests release of the vehicle and the owner
of the community property interest submits proof of that interest.
(B) The registered owner or the community property
interest owner submits proof that he or she, or an authorized
driver, is properly licensed and that the impounded vehicle
is properly registered pursuant to this code.
(C) All towing and storage charges related to
the impoundment and any administrative charges authorized pursuant
to Section 22850.5 are paid.
(D) The registered owner or the community property
interest owner signs a stipulated vehicle release agreement,
as described in paragraph (3), in consideration for the nonforfeiture
of the vehicle. This requirement applies only if
the driver requests release of the vehicle.
(3) A stipulated vehicle release agreement shall
provide for the consent of the signator to the automatic future
forfeiture and transfer of title to the state of any vehicle
registered to that person, if the vehicle is driven by a driver
with a suspended or revoked license, or by an unlicensed driver.
The agreement shall be in effect for only as long as it is noted
on a driving record maintained by the department pursuant to
Section 1806.1.
(4) The stipulated vehicle release agreement
described in paragraph (3) shall be reported by the impounding
agency to the department not later than 10 days after the day
the agreement is signed.
(5) No vehicle shall be released pursuant to
paragraph (2) if the driving record of a registered owner indicates
that a prior stipulated vehicle release agreement was signed
by that person.
(e) (1) The impounding agency, in the case of
a vehicle that has not been redeemed pursuant to subdivision
(d), or that has not been otherwise released, shall promptly
ascertain from the department the names and addresses of all
legal and registered owners of the vehicle.
(2) The impounding agency, within two days of
impoundment, shall send a notice by certified mail, return receipt
requested, to all legal and registered owners of the vehicle,
at the addresses obtained from the department, informing them
that the vehicle is subject to forfeiture and will be sold or
otherwise disposed of pursuant to this section. The notice
shall also include instructions for filing a claim with the
district attorney, and the time limits for filing a claim.
The notice shall also inform any legal owner of its right to
conduct the sale pursuant to subdivision (g). If a registered
owner was personally served at the time of impoundment with
a notice containing all the information required to be provided
by this paragraph, no further notice is required to be sent
to a registered owner. However, a notice shall still be
sent to the legal owners of the vehicle, if any. If notice
was not sent to the legal owner within two working days, the
impounding agency shall not charge the legal owner for more
than 15-days' impoundment when the legal owner redeems the impounded
vehicle.
(3) No processing charges shall be imposed on
a legal owner who redeems an impounded vehicle within 15 days
of the impoundment of that vehicle. If no claims are filed
and served within 15 days after the mailing of the notice in
paragraph (2), or if no claims are filed and served within five
days of personal service of the notice specified in paragraph
(2), when no other mailed notice is required pursuant to paragraph
(2), the district attorney shall prepare a written declaration
of forfeiture of the vehicle to the state. A written declaration
of forfeiture signed by the district attorney under this subdivision
shall be deemed to provide good and sufficient title to the
forfeited vehicle. A copy of the declaration shall be
provided on request to any person informed of the pending forfeiture
pursuant to paragraph (2). A claim that is filed and is
later withdrawn by the claimant shall be deemed not to have
been filed.
(4) If a claim is timely filed and served, then
the district attorney shall file a petition of forfeiture with
the appropriate juvenile, municipal, or superior court within
10 days of the receipt of the claim. The district attorney
shall establish an expedited hearing date in accordance with
instructions from the court, and the court shall hear the matter
without delay. The court filing fee, not to exceed fifty
dollars ($50), shall be paid by the claimant, but shall be reimbursed
by the impounding agency if the claimant prevails. To
the extent practicable, the civil and criminal cases shall be
heard at the same time in an expedited, consolidated proceeding.
A proceeding in the civil case is a limited civil case.”
[California Vehicle Code, Section 14607.6, Sept. 20, 2004]
Below is evidence showing how one
person obtained a "Letter of Disqualification" that resulted in
being able to drive perpetually without having a state -issued driver's
license.
http://famguardian.org/Subjects/Taxes/Articles/DomicileBasisTaxationDL-20060522.pdf
- Most state vehicle codes define “resident” as a person with
a domicile in the “State”. Below is an example
from the California Vehicle Code:
California Vehicle Code
516. "Resident" means any person who manifests
an intent to live or be located in this state on more than a
temporary or transient basis. Presence in the state for
six months or more in any 12-month period gives rise to a rebuttable
presumption of residency.
The following are
evidence of residency for purposes of vehicle registration:
(a)
Address where registered to vote.
(b)
Location of employment or place of business.
(c)
Payment of resident tuition at a public institution of
higher education.
(d)
Attendance of dependents at a primary or secondary school.
(e)
Filing a homeowner's property tax exemption.
(f)
Renting or leasing a home for use as a residence.
(g)
Declaration of residency to obtain a license or any other privilege
or benefit not ordinarily extended to a nonresident.
(h)
Possession of a California driver's license.
(i)
Other acts, occurrences, or events that indicate presence in
the state is more than temporary or transient.
[SOURCE:
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=49966114921+5+0+0&WAISaction=retrieve]
___________________________________________
California Vehicle Code
12505. (a) (1) For purposes
of this division only and notwithstanding Section 516,
residency shall be
determined as a person's state of domicile. "State of
domicile" means the state where a person has his or her true,
fixed, and permanent home and principal residence and to which
he or she has manifested the intention of returning whenever
he or she is absent.
Prima facie evidence of residency for driver's licensing purposes
includes, but is not limited to, the following:
(A) Address
where registered to vote.
(B) Payment
of resident tuition at a public institution of higher education.
(C) Filing
a homeowner's property tax exemption.
(D) Other
acts, occurrences, or events that indicate presence in the state
is more than temporary or transient.
(2) California
residency is required of a person in order to be issued a commercial
driver's license under this code.
(b) The
presumption of residency in this state may be rebutted by satisfactory
evidence that the licensee's primary residence is in another
state.
(c) Any person
entitled to an exemption under Section 12502, 12503, or 12504
may operate a motor vehicle in this state for not to
exceed 10 days from the date he or she establishes residence
in this state, except that he or she shall obtain a license
from the department upon becoming a resident before being
employed for compensation by another for the purpose of driving
a motor vehicle on the highways.
[SOURCE:
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=49860512592+2+0+0&WAISaction=retrieve]
____________________________________________
516 . "Resident" means any person who manifests an
intent to live or be located in this state on more than a temporary
or transient basis. Presence in the state for six months
or more in any 12-month period gives rise to a rebuttable presumption
of residency.
The following are evidence of residency for
purposes of vehicle registration:
(a)
Address where registered to vote.
(b)
Location of employment or place of business.
(c)
Payment of resident tuition at a public institution of higher
education.
(d)
Attendance of dependents at a primary or secondary school.
(e)
Filing a homeowner's property tax exemption.
(f)
Renting or leasing a home for use as a residence.
(g)
Declaration of residency to obtain a license or any other privilege
or benefit not ordinarily extended to a nonresident.
(h)
Possession of a California driver's license.
(i)
Other acts, occurrences, or events that indicate presence in
the state is more than temporary or transient.
[SOURCE:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=00001-01000&file=100-680]
- The term “State” is then defined in the revenue codes to mean
the federal areas within the exterior limits of the state.
Below is an example from the California Vehicle Code:
California Revenue and Taxation Code
17017. "United States," when used in a geographical
sense, includes the states, the District of Columbia, and the
possessions of the United States.
17018. "State" includes
the District of Columbia, and the possessions of the United
States.
- You must surrender all other state driver’s licenses in order
to obtain one from most states. Below is an example
from the California Vehicle Code:
California Vehicle Code
12805. The department shall not issue a driver's license
to, or renew a driver's license of, any person:
[. . .]
(f) Who holds a valid driver's license
issued by a foreign jurisdiction unless the license has been
surrendered to the department, or is lost or destroyed.
__________________________________________
12511. No person shall have in his or her possession or otherwise under his or her
control more than one driver's license.
Consequently, the vehicle code in most states, in the case of individuals
not involved in “commercial activity”, applies mainly to “public officers”
who are effectively “residents” of the federal zone with an effective
“domicile” or “residence” there:
26 U.S.C. §7701
(a) When used in this title, where not otherwise distinctly expressed
or manifestly incompatible with the intent thereof—
(39) Persons residing outside United States
If any citizen or resident of the United States does not reside
in (and is not found in) any United States judicial district, such
citizen or resident shall be treated as residing in the District
of Columbia for purposes of any provision of this title relating
to—
(A) jurisdiction of courts, or
(B) enforcement of summons.
[SOURCE:
http://www4.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00007701----000-.html]
These "U.S. persons" (as defined in
26 U.S.C. §7701(a)(30)) are “taxpayers”. They are Americans
who have contracted away their Constitutional rights in exchange for
government “privileges” and they are the only “persons” who inhabit
or maintain a “domicile” or “residence” in the “State” as defined above.
Only people with a domicile in such “State” can be required to obtain
a “license” to drive on the “highways”. While they are exercising
“agency” on behalf of or representing the government corporation, they
are “citizens” of that corporation and “residents”, because the corporation
itself is a “citizen” and therefore a person with a domicile in the
place where the corporation was formed, which for the “United States”
is the District of Columbia:
"Corporations are also of all grades, and made for varied
objects; all governments are corporations, created by usage and
common consent, or grants and charters which create a body politic
for prescribed purposes; but whether they are private, local or
general, in their objects, for the enjoyment of property, or the
exercise of power, they are all governed by the same rules of law,
as to the construction and the obligation of the instrument by which
the incorporation is made. One universal rule of law protects persons
and property. It is a fundamental principle of the common law
of England, that the term freemen of the kingdom, includes 'all
persons,' ecclesiastical and temporal, incorporate, politique or
natural; it is a part of their magna charta (2 Inst. 4), and is
incorporated into our institutions. The persons of the members of
corporations are on the same footing of protection as other persons,
and their corporate property secured by the same laws which protect
that of individuals. 2 Inst. 46-7. 'No man shall be taken,' 'no
man shall be disseised,' without due process of law, is a principle
taken from magna charta, infused into all our state constitutions,
and is made inviolable by the federal government, by the amendments
to the constitution."
[Proprietors of Charles River Bridge v. Proprietors of, 36 U.S.
420 (1837)]
___________________________________________________
"A corporation
is a citizen,
resident, or inhabitant of the state or country by or under
the laws of which it was created, and of that state or country only."
[19 Corpus Juris Secundum, Corporations, §886]
__________________________________________________
Federal Rules of Civil Procedure
IV. PARTIES > Rule 17.
Rule
17. Parties Plaintiff and Defendant; Capacity
(b) Capacity to Sue or be Sued.
Capacity to sue or be sued
is determined as follows:
(1) for an individual who
is not acting in a representative capacity, by the law of the individual's
domicile;
(2) for a corporation [or
one REPRESENTING a PUBLIC CORPORATION called the government as a
“public officer”], by the law under which it was organized; and
(3) for all other parties,
by the law of the state where the court is located, except that:
(A) a partnership or other unincorporated association with no such
capacity under that state's law may sue or be sued in its common
name to enforce a substantive right existing under the United
States Constitution or laws; and
(B)
28 U.S.C.
§§ 754 and
959(a)
govern the capacity of a receiver appointed by a United States
court to sue or be sued in a United States court.
[SOURCE:
http://www.law.cornell.edu/rules/frcp/Rule17.htm]
If you don’t want to be a “public officer” who
has an effective “domicile” or “residence” in the District of Columbia,
then you have to divorce the state, create your own “state”, and change
your domicile to that new “state”. For instance, you can form
an association of people and choose a domicile within that association.
This association would be referred to as a “foreign jurisdiction” within
the vehicle code in most states. The association can become the
“government” for that group, and issue its own driver’s licenses and
conduct its own “courts”. In effect, it becomes a competitor to
the de facto state for the affections, allegiance, and obedience of
the people. This is capitalism at its finest, folks!
California Vehicle Code
12502. (a) The following persons may operate a motor vehicle
in this state without obtaining a driver's license under this code:
(1)
A nonresident over the
age of 18 years having in his or her immediate possession a valid
driver's license issued by a foreign jurisdiction of
which he or she is a resident, except as provided in Section 12505.
[SOURCE:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=12001-13000&file=12500-12527]
As long as the driver’s licenses issued by the
government you form meet the same standard as those for the state you
are in, then it doesn’t matter who issued it.
California Vehicle Code
12505. (a) (1) For purposes of this division only and notwithstanding
Section 516, residency shall be determined as a person's state of
domicile. "State of domicile" means the state where a person
has his or her true, fixed, and permanent home and principal residence
and to which he or she has manifested the intention of returning
whenever he or she is absent.
[. . .]
(e) Subject to Section 12504,
a person over the age of
16 years who is a resident of a foreign jurisdiction other than
a state, territory, or possession of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, or Canada, having
a valid driver's license issued to him or her by any other foreign
jurisdiction having licensing standards deemed by the Department
of Motor Vehicles equivalent to those of this state, may operate
a motor vehicle in this state without obtaining a license from the
department, except that he or she shall obtain a license
before being employed for compensation by another for the purpose
of driving a motor vehicle on the highways.
[SOURCE:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=12001-13000&file=12500-12527]
As long as you take and pass the
same written and
driver’s tests as the state uses, even your church could issue it!
As a matter of fact, below is an example of a church that issues “Heaven
Driver’s Licenses” called “Embassy of Heaven”:
You can’t be compelled by law to grant to your
public “servants” a monopoly that compels you into servitude to them
as a “public officer”. In the United States, WE THE PEOPLE are
the government, and not
their representatives and “servants” who work for them implementing
the laws that they pass. Consequently, you and your friends or
church, as a “self-governing body” can make your own driver’s license
and in fact and in law, those licenses will by definition be “government-issued”.
To wit:
“The words 'people
of the United States' and 'citizens,' are synonymous terms, and
mean the same thing. They both describe the political body who,
according to our republican institutions,
form the sovereignty, and
who hold the power and conduct the government through their representatives
[they are the government, not their servants]. They are
what we familiarly call the 'sovereign people,' and every citizen
is one of this people, and a constituent member of this sovereignty.
..."
[Boyd v. State of
Nebraska,
143 U.S. 135 (1892)]
___________________________________________________
"From the differences existing between feudal sovereignties
and Government founded on compacts, it necessarily follows that
their respective prerogatives must differ. Sovereignty
is the right to govern; a nation or State-sovereign is the person
or persons in whom that resides.
In Europe the sovereignty
is generally ascribed to the Prince; here it rests with the people;
there, the sovereign actually administers the Government; here,
never in a single instance; our Governors are the agents of the
people, and at most stand in the same relation to their sovereign,
in which regents in Europe stand to their sovereigns.
Their Princes have personal powers, dignities, and pre-eminences,
our rulers have none
but official; nor do they partake in the sovereignty otherwise,
or in any other capacity, than as private citizens."
[Chisholm, Ex'r. v. Georgia,
2 Dall. (U.S.) 419, 1 L.ed. 454, 457, 471, 472 (1794)]
Anyone who won’t accept such a driver’s license
should be asked to contradict the U.S. Supreme Court and to prove that
you AREN’T part of the government as a person who governs his own life
and the lives of other members of the group you have created.
The following article also emphasizes that “We The People” are
the government, and that our servants have been trying to deceive us
into believing otherwise:
If you would like to know more about this fascinating subject, see
the following book:
Chances are good that you as a reader at one time
or another procured government ID without knowing all the legal consequences
described in this document. The existence of that ID and the evidence
documenting your request for it can and probably will be used by the
government against you as evidence that you are subject to their civil
laws and a customer of their "protection racket". The best
technique for rebutting such evidence is that appearing in the following
document. The submission of this document is a MANDATORY
part of becoming a Member of this fellowship, and hopefully you now
understand why it is mandatory:
In particular, see the following sections in the above document:
- Section 9: Affidavit of Duress: Government ID Scam.
- Section 10.8: Criminal Complaint Against Those Engaged
in the Government ID Scam
Whenever you open a financial account or start
a new job these days, most employers, banks, or investment companies
will require you to produce “government ID”. Their favorite form
of ID is the state issued ID. Unfortunately, unless you are an
alien domiciled on federal territory within the exterior limits of the
state who is not protected by the Constitution, you don’t qualify for
state ID or even a state driver’s license. By asking for “government
ID”, employers and financial institutions indirectly are forcing you
to do the following as a precondition of doing business with them:
- Surrender the benefits and protections of being a “citizen”
in exchange for being a privileged alien, and to do so WITHOUT consideration
and without recourse.
- Become a statutory “resident alien” pursuant to 26 U.S.C. §7701(b)(1)(A)
domiciled on federal territory and subject to federal jurisdiction,
who is a public officer within the federal government engaged in
the “trade or business” franchise. See:
- Become a privileged “resident alien” franchisee who is compelled
to participate in what essentially amounts to a “protection racket”.
“Residents, as distinguished from citizens, are aliens
who are permitted to take up a permanent abode in the country.
Being bound to the society by reason of their [intention of]
dwelling in it, they are subject to its laws so long as they
remain there, and, being protected by it, they must defend it,
although they do not enjoy all the rights of citizenship.
They have only certain privileges which the law, or custom,
gives them. Permanent residents are those who have been
given the right of perpetual residence. They are a sort
of citizen of a less privileged character, and are subject to
the society without enjoying all its advantages. Their
children succeed to their status; for the right of perpetual
residence given them by the State passes to their children.”
[The
Law of Nations, p. 87, E. De Vattel, Volume Three, 1758,
Carnegie Institution of Washington; emphasis added.]
- Serving two masters and subject simultaneously to state and
federal jurisdiction. The federal government has jurisdiction
over aliens, including those within a state.
“No one can serve two masters [two employers, for instance];
for either he will hate the one and love the other, or else
he will be loyal to the one and despise the other. You cannot
serve God and mammon [government].”
[Luke 16:13, NKJV. Written by a tax collector]
One thing you can show financial institutions as
an alternative to state ID or a state driver’s license that doesn’t
connect you to the “protection franchise” and a domicile on federal
territory is a USA passport. What they do to deal with “difficult”
people like that is say that they need TWO forms of government ID in
order to open the account. Here is an example of what you might
hear on this subject:
“I’m sorry, but the Patriot Act [or some other obscure regulation]
requires you to produce TWO forms of government issued ID to open
an account with us.”
Most people falsely
presume that the above statement means that they ALSO need state ID
in addition to the passport but this isn’t true. It is a maxim
of law that the law cannot require an impossibility. If they are
going to impose a duty upon you under the color of law by saying that
you need TWO forms of ID, they must provide a way to comply without:
- Compelling you to politically associate with a specific government
in violation of the First Amendment.
- Compelling you to participate in government franchises by providing
an identifying number.
- Misrepresenting your status as a privileged “resident alien”.
- Violating your religious beliefs by nominating an Earthly protector
and thereby firing God as your only protector.
There are lots of ways around this trap.
For instance, the U.S. Supreme Court said WE are the government and
that we govern ourselves through our elected representatives.
“The words 'people
of the United States' and 'citizens,' are synonymous terms, and
mean the same thing. They both describe the political body who,
according to our republican institutions, form the sovereignty,
and who hold the power and conduct the government through their
representatives. They are what we familiarly call the
'sovereign people,' and every citizen is one of this people, and
a constituent member of this sovereignty. ..."
[Boyd v. State of Nebraska,
143 U.S. 135 (1892)]
So what does “government id” really mean?
A notary public is also a public officer and therefore part of the government.
Chapter 1
Introduction
§1.1 Generally
A notary public (sometimes
called a notary) is a public official appointed under authority
of law with power, among other things, to administer
oaths, certify affidavits, take acknowledgments, take depositions,
perpetuate testimony, and protect negotiable instruments.
Notaries are not appointed under federal law; they are appointed
under the authority of the various states, districts, territories,
as in the case of the Virgin Islands, and the commonwealth, in the
case of Puerto Rico. The statutes, which define the powers
and duties of a notary public, frequently grant the notary the authority
to do all acts justified by commercial usage and the "law merchant".
[
Anderson's Manual for Notaries Public, Ninth Edition, 2001, ISBN 1-58360-357-3]
If you hand the financial
institution a any of the following, you have satisfied their requirement
for secondary ID without violating the law or being compelled to associate
with or contract with the government:
- Notarized piece of paper with your picture and your birth
certificate on it. The notary is a government officer and
therefore it is government ID.
- Certified copy of your birth certificate by itself.
The certification is from the government so its government ID.
- ID issued by a government you formed and signed by the
“Secretary of State” of that government. The people are the
government according to the Supreme Court, so you can issue your
own ID.
You have to be creative at times to avoid their
attempts to compel you to sign up for government franchises, but it
is still doable.
Another thing that nearly all financial
institutions and private employers habitually do is PRESUME, usually
wrongfully, that:
- You are a “citizen” or a “resident” of the place you live or
work. What citizens and residents have in common is a domicile
within a jurisdiction. Otherwise, you would be called “nonresidents”
or “transient foreigners”.
- Whatever residence or mailing address you give them is your
domicile.
By making such a false presumption, employers and
financial institutions in effect are causing you to make an “invisible
election” to become a citizen or resident or domiciliary and to provide
your tacit consent to be governed without even realizing it.
If you want to prevent
becoming a victim of the false presumption that you are a “citizen”,
“resident”, and therefore domiciliary of the place you live or work,
you must take special precautions to notify all of your business associates
by providing a special form to them describing you as a “nonresident”
of some kind. At the federal level, that form is the IRS Form
W-8BEN or a suitable substitute, which identifies the holder as a “nonresident
alien”. IRS does not make a form for “nonresidents” who are not
“aliens”, unfortunately, so you must therefore modify their form or
make your own form. For an article on how to fill out tax forms
to ensure that you are not PRESUMED, usually prejudicially and falsely,
to be a resident or citizen or domiciliary, see the following article:
Sometimes, those receiving your declaration of
nonresident status may try to interfere with that choice. For
such cases, the following pamphlet proves that the only one who can
lawfully declare or establish your civil status, including your “nonresident”
status, is you. If anyone tries to coerce you to declare a civil
status for yourself that you don’t want to accept and don’t consent
to, you should provide an affidavit indicating that you were under duress
and that they threatened to financially penalize you or not contract
with you if you don’t LIE on government forms and declare a status you
don’t want. The following pamphlet is also useful in proving
that they have no authority to coerce you to declare any civil status
you don’t want:
We should always keep in mind that whenever a financial
institution or employer asks for a tax form, they are doing so under
the color of law as a “withholding agent” (26 U.S.C. §7701(a)(16)) who
is a public officer of the government. Because they are a public
officer of the government in their capacity as a withholding agent,
they still have a legal duty not to violate your rights, even if they
otherwise are a private company. The Constitution applies to all
officers and agents of the government, including “withholding agents”
while acting in that capacity. Financial institutions especially
are aware of this fact, which is why if you ask them to give you their
criteria for what ID they will accept in writing, they will say that
it is a confidential internal document that they can't share with the
public. They know they are discriminating unlawfully as a public
officer by rejecting your ID and they want to limit the legal liability
that results from this by preventing you from having evidence to prove
that they are officially discriminating. They keep such policies
on their computer, protected by a password, and they will tell you that
the computer doesn't let them print it out or that there isn't a field
in their system for them to accept the type of ID that you have.
THIS is a SCAM!
Based on the foregoing analysis and legally admissible
evidence, we can safely conclude the following:
- Think of the “state” as a club:
1.1. The “state” is the collection of all the sovereigns that
occupy a specific territorial land mass.
1.2. The “government” are the people contracted and under
oath to service the needs of the “state” and execute the business
of the “state”. They are “protection contractors”. The
“government” and the “state” are two separate and distinct groups
that are NOT synonymous or the same. The “state” is the sovereign,
while the “government” is the SERVANT of the sovereign.
1.3. Those who are members of the club are called “citizens”
if they were born somewhere within the country and “residents” if
they were born in a different country.
1.4. Those who are not members of the club are called “nonresidents”
or “transient foreigners”.
1.5. Whether you are a “member” or a “nonmember” is determined
by how you describe your “residence”, “permanent address”, or “domicile”
on usually government and financial forms. No one but you
can decide or control what you put on these forms.
1.6. Taxes are your “club membership dues”.
1.7. In return for membership, you are entitled to demand
“services” or “benefits” from the government that serves the “state”.
1.8. No one can force you to join the club. The First
Amendment protects your right to NOT join the club by prohibiting
“compelled association”. That is why the First Amendment is
the first amendment: Because the first and most important
thing you must do when forming any “state” is to give everyone the
right to NOT join!
1.9. Since no one can force you to join the club, no one can
compel you to accept the liabilities associated with membership
in the club and they must prove that you voluntarily consented to
join the club before they can legally enforce those liabilities
against you. Such liabilities include the duty to pay income
taxes, to vote, and to serve as a jurist when summoned.
1.10. Membership in the club confers civil jurisdiction
of the courts in order to protect your civil rights.
1.11. You do not need to be a member of the club in
order for the government to enforce the criminal laws of the state
against you. All that must be proven in order to enforce the
criminal laws is that you were physically situated on the territory
associated with the “state” and that you committed a criminal or
harmful act that injured a specific other fellow sovereign.
1.12. There are TWO levels of club membership: Premium
and Unleaded. The “Unleaded” version is basic domicile in
the republic and not the “State” and this level buys you basic criminal
protection and nothing more. The “Premium” level of membership
requires you to become a “public officer” of the government so they
can lawfully pay you bribes called “benefits” with money they stole
from your neighbor. Because there are two levels of membership,
then the “Premium” level violates the Constitution because it confers
a “Title of Nobility”. The only other way to view this level
and still be consistent with the Constitution is to view all those
who participate as employees of a PRIVATE corporation that is NOT
a de jure government. See:
- Domicile is legally defined as the coincidence of physical presence
in a place now or in the past, and the intention to return to and
permanently inhabit that place. The Bible says that no place
on earth is permanent and that the present earth will be destroyed,
and therefore it is against God’s law to declare a domicile within
any man-made political group on earth.
- The place where a person “lives” and their legal “domicile”
can be and often are two completely different places. Many
people incorrectly confuse these two terms, and in so doing, unknowingly
forfeit their right to choose whether they want to be subject to
the civil laws where they are located.
- Domicile is ordinarily associated with “citizens”, while “residence”
is associated with privileged “aliens”. You can have only
one “domicile” but as many “residences” as you want. Residence,
in turn, is a product of your right to contract. When you
sign up for a franchise such as the “trade or business”/income tax
franchise, you become a “resident” within the statutes granting
the privilege or franchise:
26 CFR §301.7701-5 Domestic,
foreign, resident, and nonresident persons.
A domestic corporation is one organized or created in the United States,
including only the States (and during the periods when not States, the Territories
of Alaska and Hawaii), and the District of Columbia, or under
the law of the United States or of any State or Territory. A
foreign corporation is one which is not domestic. A domestic
corporation is a resident corporation even though it does no
business and owns no property in the United States.
A foreign corporation engaged in trade
or business within the United States is referred to in the regulations
in this chapter as a resident foreign corporation, and a foreign
corporation not engaged in trade or business within the United
States, as a nonresident foreign corporation.
A partnership engaged in trade or business within the United
States is referred to in the regulations in this chapter as
a resident partnership, and a partnership not engaged in trade
or business within the United States, as a nonresident partnership.
Whether a partnership is to be regarded
as resident or nonresident is not determined by the nationality
or residence of its members or by the place in which it was
created or organized.
[Amended by T.D. 8813, Federal Register: February 2, 1999 (Volume
64, Number 21), Page 4967-4975]
[SOURCE:
http://famguardian.org/TaxFreedom/CitesByTopic/Resident-26cfr301.7701-5.pdf]
- Those who have chosen a legal domicile outside of the place
or state that they occupy at any given time are called “transient
foreigners”. When you go on vacation temporarily to a place, you
are a "transient foreigner" with respect to the government of that
place. It is perfectly lawful to ALSO choose to be a transient
foreigner in the place of your birth and the place where you live
or to choose a domicile within a political group of your own making,
such as a church, family, or political group. Those who do
so have made a protected First Amendment choice to disassociate
with what oftentimes is a corrupted government or state that is
more harmful than protective of their personal interests.
- The purpose of selecting a domicile is to nominate a king or
ruler to provide a substitute for God’s protection. A choice
of domicile amounts essentially to a contract to procure “protection”
from a king or ruler to whom those protected owe “tribute” and “allegiance”.
Serving anyone but God is idolatry and idolatry is condemned as
the most serious sin a believer can commit in the Bible.
“No servant can
serve two masters; for either he will hate the one and love
the other, or else he will be loyal to the one and despise the
other. You cannot serve God and mammon.”
[Jesus [God] speaking
in
Luke 16:13, Bible, NKJV]]
- You can only have a legal domicile in ONE PLACE at a time, because
you can only owe undivided allegiance to one ruler at a time.
As a consequence:
7.1. You can only be a “citizen” in ONE PLACE at a time.
7.2. If you are physically present in a place outside of your
legal domicile, you are a “transient foreigner” and a “national”
but not “citizen” in that place. For instance, Mexicans visiting
the United States temporarily and who have not changed their “domicile”
to the United States are called “Mexican Nationals” while they are
here. When they return to the place of their domicile, they
are called “Mexican citizens”.
7.3. You cannot be a “citizen” under federal statutory law
without having a domicile on federal territory. States of
the Union are NOT federal territory.
7.4 You can only owe income taxes to one government at a time.
This is consistent with the fact that you must have a federal tax
liability before you can have a state liability. It is also
consistent with the conclusion that the states, when they collect
state income taxes, are doing so in the capacity as federal territories
and instrumentalities and not sovereign or independent governments.
This type of abuse is facilitated by the unconstitutionally administered
Buck Act,
4 U.S.C. §106, and its implementation found in
5 U.S.C. §5517. No state or federal constitution authorizes
any state of the Union to act as a federal corporation, agency,
territory, or instrumentality as described in
4 U.S.C. §110(d) and any attempt to do so is a violation of
the separation of powers doctrine and an act of TREASON punishable
by death under
18 U.S.C. §2381.
- Domicile constitutes your voluntary choice of the civil law
system and the government you choose to live under. The purpose
of law is to protect people by preventing harm but
not mandating
good. The purpose of government is to enforce and implement
the law. Therefore, the purpose of government is to protect.
You cannot be held responsible for obeying any civil law unless
you voluntarily choose a legal domicile where it applies.
This includes the civil code and the family code in your state.
- Domicile is a First Amendment
voluntary choice
of political affiliation. The government cannot change your
domicile without your consent. What the law dictionary calls
“intent” really amounts to consent, and they are trying to hide
the voluntary nature of the transaction by choosing different words
to describe it. For instance:
9.1. Only adults who have reached
the age of majority can lawfully choose a legal domicile.
9.2. Insane or incompetent persons
cannot have a chosen domicile and take on the domicile of their
caretakers.
9.3. Children assume the domicile
of their parents.
9.4. Every government tax form in
one way or another causes you to choose a domicile, and since the
choice of form or the way you fill it out is your choice, then the
domicile is also your choice. For instance, IRS form 1040
causes you to choose a domicile in the District of Columbia.
IRS form 1040NR is filled out by persons who do not have a domicile
in the District of Columbia.
- No court of law or government official may lawfully interfere
with your choice of domicile because:
10.1. Courts of justice may not lawfully
involve themselves in “political questions”.
10.2. Public servants in the political
branches of the government, including the Executive and Legislative
branches, may not interfere with your First Amendment right to freely
associate or disassociate.
- A government that compels you to choose a domicile within their
jurisdiction is engaging in unlawful slavery in violation of
42 U.S.C. §1994, involuntary servitude in violation of the
Thirteenth Amendment, extortion, racketeering in violation of
18 U.S.C. §1951, and violating your First Amendment right of
freedom from compelled association.
- Because choice of domicile is voluntary, income taxes based
on it are also entirely voluntary and avoidable. The government
does NOT want you to know that you can avoid income taxes, and so
they will avoid discussing this and persecute all those who reveal
it to the public.
- Your domicile is whatever you say it is on a government form.
Other evidentiary methods of determining legal domicile are ordinarily
only employed where evidence of your direct declaration of domicile
on a government form is not available. On government forms,
“domicile” is synonymous with the terms “permanent address”.
- Within the Internal Revenue Code Subtitle A and all state
revenue codes, a “resident” is an alien with a domicile, presence,
or existence on federal territory. A person who is not physically
present on federal territory can become a “resident” there by engaging
in “commerce” within the legislative jurisdiction of that forum.
This, in fact, is the main method by which the federal government
manufactures “taxpayers” out of sovereign Americans domiciled in
states of the Union. The Social Security system causes them
to conduct commerce within the legislative jurisdiction of the United
States and thereby surrender sovereign immunity and become “resident
aliens” pursuant to
28 U.S.C. §1605(a)(2) . Those engaging in such commerce
are called “public officers” who are “effectively connected with
a trade or business in the United States”. All those engaged
in a “trade or business” are “resident aliens” of the United States.
Older versions of the Treasury Regulations show this scam below:
26 CFR §301.7701-5 Domestic, foreign, resident, and nonresident
persons
A domestic
corporation is one organized or created in the United States,
including only the States (and during the periods when not States,
the Territories of Alaska and Hawaii), and the District of Columbia,
or under the law of the United States or of any State or Territory.
A foreign corporation is one which is not domestic. A domestic
corporation is a resident corporation even though it does no
business and owns no property in the United States.
A foreign corporation
engaged in trade or business within the United States is referred
to in the regulations in this chapter as a resident foreign
corporation, and a foreign corporation not engaged in trade
or business within the United States, as a nonresident foreign
corporation. A partnership
engaged in trade or business within the United States is referred
to in the regulations in this chapter as a resident partnership,
and a partnership not engaged in trade or business within the
United States, as a nonresident partnership.
Whether a partnership
is to be regarded as resident or nonresident is not determined
by the nationality or residence of its members or by the place
in which it was created or organized.
[Amended by T.D. 8813, Federal Register:
February 2, 1999 (Volume 64, Number 21), Page 4967-4975]
- Driver’s licenses issued by state governments are the method
of choice for compelling persons to declare a legal domicile within
a state. Because the government cannot compel you to choose
a domicile, they also cannot compel you to obtain or use a state
driver’s license.
- Domicile is an abstract term that is difficult to legally prove.
Because it is difficult to prove, the government will avoid discussions
of the term. That is why the term only appears twice in the
entire 9,500 page Internal Revenue Code. They will also avoid
discussing the term because they don’t want to acknowledge that
they need your consent to both enforce the law against you and collect
taxes from you.
- Those who want to divorce the state which controls the place
where they live may do so by declaring a domicile outside of their
place of abode. Such persons are called:
17.1. “Transient foreigners”.
17.2. "Stateless
persons" (in relation to the place they physically live).
- Those who do not want to assume the liabilities of “domicile”
within a jurisdiction cannot
18.1. Register to vote within that jurisdiction.
18.2. Obtain a state driver’s license within that jurisdiction.
18.3. Serve as a jurist within that jurisdiction.
18.4. Indicate a “permanent address” on any government
form that is within the jurisdiction of that government.
18.5. Apply for any government benefit, including Social
Security, Medicare, etc.
18.6. Submit any form that implies a domicile there,
such as the IRS form 1040, which is only for use by “U.S.
persons” with a legal domicile in the District of Columbia.
Instead, the 1040NR is the only proper form for “stateless persons”
and “transient foreigners” to use in the context of federal taxation.
- The only laws that may be enforced against “transient foreigners”
are criminal laws. Civil laws require a legal domicile within
the jurisdiction where the law applies. This is a result of
the fact that the
Declaration of Independence says that all just powers in a free
government derive from the “consent of the governed” and that the
only legitimate reason for the state to proceed against a person
without his consent is when he is criminally injuring someone.
- The Bible commands believers to be
separate and
sanctified,
and to come out of the corrupted government that has become Satan's
whore, which the Bible calls "Babylon the Great Harlot". In
effect, God commands us to DISASSOCIATE. We can do this legally
and peacefully only
by changing our domicile.
After these things I saw another angel coming down from
heaven, having great authority, and the earth was illuminated
with his glory.
And he cried mightily with a loud voice saying, ‘Babylon
the great is fallen, is fallen, and has become a dwelling place
of demons, a prison for every foul spirit, and a cage for
every unclean and hated bird!’
“For all the nations have drunk of the wine of the wrath
of her fornication, the kings [politicians, who load us with
debt] of the earth have committed fornication with her, and
the merchants of the earth have become rich through the abundance
of her luxury.’
And I heard another voice from heaven saying, ‘Come
out of her, my people, lest you share in her sins, and lest
you receive her plagues.
“For her sins have reached to heaven, and God has remembered
her iniquities.
“Render to her just as she rendered to you, and repay
her double according to her works; in the cup which she has
mixed, mix double for her.
“In the measure that she glorified herself and lived luxuriously,
in the same measure give her torment and sorrow; for she says
in her heart, ‘I sit as queen, and am no widow, and will not
see sorrow.’
“Therefore her plagues [economic or stock market collapses]
will come in one day—death and mourning and famine. And
she will be utterly burned with fire [looting from all the greedy
people who mortgaged themselves to the hilt and put their children
into debt slavery to pay for their luxuries], for strong is
the Lord God who judges her.”
[Rev.
18:1-8, Bible, NKJV]
- If you want to divorce the state and become a "transient foreigner"
wherever you go, we suggest the following resource:
Legal Notice of
Change in Citizenship/Domicile Records and Divorce from the
United States, Form #10.001
http://sedm.org/Forms/FormIndex.htm
- The government is just like any other corporation. The
only product it delivers is “protection”. Government does
not have a monopoly on “protection”. A government that compels
you to procure or pay for its protection against your will is engaged
in racketeering and organized crime. If the cost of government
protection exceeds its benefits, any person or group are free to
divorce the state by abandoning their domicile, and to provide their
own more cost effective protection. Anyone may compete directly
with the government in “the protection business” or elect to fire
all protectors and instigate “front door justice”. This is
a direct result of the fact that the U.S. Supreme Court said the
essential purpose of the Constitution was to confer upon We the
People the right to be LEFT ALONE by the government.
“The only protection I need is my Smith and Wesson.”
"The makers
of our Constitution undertook to secure conditions favorable
to the pursuit of happiness. They recognized the significance
of man's spiritual nature, of his feelings and of his intellect.
They knew that only a part of the pain, pleasure and satisfactions
of life are to be found in material things. They sought to protect
Americans in their beliefs, their thoughts, their emotions and
their sensations.
They conferred, as
against the Government, the right to be let alone - the most
comprehensive of rights and the right most valued by civilized
men."
[Olmstead v. United States,
277 U.S. 438, 478 (1928) (Brandeis, J., dissenting);
see also Washington v. Harper,
494 U.S. 210 (1990)]
- All income taxes are based on legal “domicile”.
Income taxes support the police powers of the state, and the police
powers of the state implement and enforce the law. If you
don’t have a domicile in a place, then you can’t be liable for income
taxes in that place because you are not being personally protected
by the laws of that place.
- Persons with a legal domicile in the District of Columbia, which
is called the “United
States” in the Internal Revenue Code at
26 U.S.C. §7701(a)(9) and (a)(10), are called “U.S. persons”.
Persons with a domicile in a place are also called “inhabitants”.
Under the
Internal Revenue Code sections 7701(a)(39) and
7408(d ), persons who declare a domicile in the District of
Columbia are treated as virtual residents and “taxpayers” there
regardless of where they physically live. “U.S.
persons” include statutory “citizens of the United States” under
8 U.S.C. §1401 and “residents”
as defined in
26 U.S.C. §7701(b)(1)(A).
- Both “citizens” and “residents” have in common a “domicile”
in a place and collectively are called “inhabitants”. Those
without a domicile are called “transient foreigners”. IRS
does NOT like people claiming they are “transient foreigners” because
it destroys their ability to tax. They therefore omit this
as an option on ALL their tax forms so you can’t property declare
your status as a “nontaxpayer”. The only time that either
“citizens” or “residents” can have a tax liability under I.R.C.
Subtitle A is when they are temporarily abroad pursuant to 26 U.S.C.
§911. The U.S. Supreme Court confirmed that taxation of “U.S.
persons” abroad was permissible in Cook v. Tait,
265 U.S. 47 (1924). We have been able to identify NO provision
of law that makes any statutory “citizen” or “resident” responsible
for an income tax who is NOT temporarily abroad. Even then,
they must be voluntarily engaged in a “trade or business”, which
is a “public office”, in most cases to have any tax liability at
all.
- An “alien” or a “nonresident
alien” with a domicile in the District of Columbia is called
a “resident”
in the Internal Revenue Code. You cannot lawfully be a “resident”
and a “citizen”
within the same jurisdiction at the same time.
If you enjoyed this document and want additional
supporting information, we highly recommend the following additional
resources:
1. Authorities on
the word “domicile” -what the courts and the law say on the
subject of “domicile”. See:
http://famguardian.org/TaxFreedom/CitesByTopic/domicile.htm
2. Legal Notice of
Change in Domicile/Citizenship Records and Divorce From The United States,
Form #10.001-allows you to politically and legally divorce the federal
government and thereby become a nonresident alien, a “non-citizen national”,
and a nontaxpayer. See:
http://sedm.org/Forms/FormIndex.htm
3. Developing Evidence
of Citizenship and Sovereignty Course, Form #12.003-training
course that shows you how to develop legally admissible evidence you
can use to protect and defend your sovereignty in any court. See
item 2.5 in the link below:
http://sedm.org/LibertyU/LibertyU.htm
4. Why you are a “national”,
“state national”, and Constitutional but not Statutory Citizen,
Form #05.006-pamphlet that shows that the proper citizenship status
of persons born in states of the Union is “non-citizen nationals” pursuant
to
8 U.S.C. §1101(a)(21) and
8 U.S.C. §1452. See:
http://sedm.org/Forms/FormIndex.htm
[2] Lathrop
v. Donohue, 367 U.S. 820, 81 S. Ct. 1826,
6 L. Ed. 2d 1191 (1961), reh'g denied, 368 U.S. 871,
82 S. Ct. 23, 7 L. Ed. 2d 72 (1961) (a state supreme court
may order integration of the state bar); Railway Emp. Dept.
v. Hanson, 351 U.S. 225, 76 S. Ct. 714, 100
L. Ed. 1112 (1956), motion denied, 351 U.S. 979,
76 S. Ct. 1044, 100 L. Ed. 1494 (1956) and reh'g denied,
352 U.S. 859, 77 S. Ct. 22, 1 L. Ed. 2d 69 (1956)
(upholding the validity of the union shop provision of the Railway
Labor Act).
The First Amendment right to freedom of association of teachers
was not violated by enforcement of a rule that white teachers
whose children did not attend public schools would not be rehired.
Cook v. Hudson, 511 F.2d 744, 9 Empl. Prac. Dec. (CCH) ¶ 10134
(5th Cir. 1975), reh'g denied, 515 F.2d 762 (5th Cir. 1975)
and cert. granted, 424 U.S. 941, 96 S. Ct. 1408,
47 L. Ed. 2d 347 (1976) and cert. dismissed, 429 U.S.
165, 97 S. Ct. 543, 50 L. Ed. 2d 373, 12 Empl. Prac.
Dec. (CCH) ¶ 11246 (1976).
Annotation: Supreme Court's views regarding Federal Constitution's
First Amendment right of association as applied to elections
and other political activities, 116 L. Ed. 2d 997 , §
10.
[3] Rutan v.
Republican Party of Illinois, 497 U.S. 62, 110 S.
Ct. 2729, 111 L. Ed. 2d 52, 5 I.E.R. Cas. (BNA) 673 (1990),
reh'g denied, 497 U.S. 1050, 111 S. Ct. 13,
111 L. Ed. 2d 828 (1990) and reh'g denied, 497 U.S. 1050,
111 S. Ct. 13, 111 L. Ed. 2d 828 (1990) (conditioning
public employment hiring decisions on political belief and association
violates the First Amendment rights of applicants in the absence
of some vital governmental interest).
[4] Rutan v.
Republican Party of Illinois, 497 U.S. 62, 110 S.
Ct. 2729, 111 L. Ed. 2d 52, 5 I.E.R. Cas. (BNA) 673 (1990),
reh'g denied, 497 U.S. 1050, 111 S. Ct. 13,
111 L. Ed. 2d 828 (1990) and reh'g denied, 497 U.S. 1050,
111 S. Ct. 13, 111 L. Ed. 2d 828 (1990).
Annotation: Public employee's right of free speech under
Federal Constitution's First Amendment–Supreme Court cases,
97 L. Ed. 2d 903.
First Amendment protection for law enforcement employees
subjected to discharge, transfer, or discipline because of speech,
109 A.L.R. Fed. 9 .
First Amendment protection for judges or government attorneys
subjected to discharge, transfer, or discipline because of speech,
108 A.L.R. Fed. 117.
First Amendment protection for public hospital or health
employees subjected to discharge, transfer, or discipline because
of speech, 107 A.L.R. Fed. 21.
First Amendment protection for publicly employed firefighters
subjected to discharge, transfer, or discipline because of speech,
106 A.L.R. Fed. 396.
[5] Abood v.
Detroit Bd. of Ed., 431 U.S. 209, 97 S. Ct. 1782,
52 L. Ed. 2d 261, 95 L.R.R.M. (BNA) 2411, 81 Lab. Cas. (CCH)
¶ 55041 (1977), reh'g denied, 433 U.S. 915, 97 S.
Ct. 2989, 53 L. Ed. 2d 1102 (1977); Parrish v. Nikolits,
86 F.3d 1088 (11th Cir. 1996), cert. denied, 117 S. Ct.
1818, 137 L. Ed. 2d 1027 (U.S. 1997).
[6] LaRou v.
Ridlon, 98 F.3d 659 (1st Cir. 1996); Parrish v. Nikolits, 86
F.3d 1088 (11th Cir. 1996), cert. denied, 117 S. Ct. 1818,
137 L. Ed. 2d 1027 (U.S. 1997).
[7] Vickery
v. Jones, 100 F.3d 1334 (7th Cir. 1996), cert. denied,
117 S. Ct. 1553, 137 L. Ed. 2d 701 (U.S. 1997) .
Responsibilities of the position of director of a municipality's
office of federal programs resembled those of a policymaker,
privy to confidential information, a communicator, or some other
office holder whose function was such that party affiliation
was an equally important requirement for continued tenure. Ortiz-Pinero
v. Rivera-Arroyo, 84 F.3d 7 (1st Cir. 1996) .
[8] McCloud
v. Testa, 97 F.3d 1536, 12 I.E.R. Cas. (BNA) 1833, 1996 FED
App. 335P (6th Cir. 1996), reh'g and suggestion for reh'g en
banc denied, (Feb. 13, 1997).
Law Reviews: Stokes, When Freedoms Conflict: Party Discipline
and the First Amendment. 11 JL &Pol 751, Fall, 1995.
Pave, Public Employees and the First Amendment Petition Clause:
Protecting the Rights of Citizen-Employees Who File Legitimate
Grievances and Lawsuits Against Their Government Employers.
90 NW U LR 304, Fall, 1995.
Singer, Conduct and Belief: Public Employees' First Amendment
Rights to Free Expression and Political Affiliation. 59 U Chi
LR 897, Spring, 1992.
As to political patronage jobs, see § 472.
[9] Parrish
v. Nikolits, 86 F.3d 1088 (11th Cir. 1996), cert. denied,
117 S. Ct. 1818, 137 L. Ed. 2d 1027 (U.S. 1997).
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