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To: Harlan1196; LucyT; butterdezillion

you don’t have a clue as to what you’re talking about!!!!


I. There are 2 classes of citizenship under American Law

A. State Citizenship

1. found in the U.S. Constitution prior to the Civil
War

a. e.g. see qualifications for Representative,
Senator, and President (1:2:2, 1:3:3, 2:1:5)

2. this is a sovereign class created and endowed by
the Creator

B. federal citizenship

1. 14th Amendment attempted to formalize a second
class of citizen first defined in 1866 Civil
Rights Act

2. this is a statutory creation, a subject class,
created and endowed by the Congress, not by the
Creator

II. 2 recent decisions of Utah Supreme Court struck down the
14th Amendment.

A. Congress and the President forced Southern States to
vote for it “at the point of a bayonet”, using the
duress and undue influence of martial law.

B. The Civl War was over and Southern States had already
been counted upon to ratify the 13th Amendment, banning
slavery.

III. The consequences of the failed ratification are many and
far-reaching:

A. federal citizenship is not defined in the supreme Law
(i.e. the U.S. Constitution)

1. it is, at best, the creation of federal statute

2. as such, it can be taxed, regulated, and even
revoked, just like a corporation

B. in contrast, State Citizenship is an unalienable Right
which Congress cannot tax, regulate, or revoke

1. Congress cannot amendment the Constitution

a. Congress derives its power solely from the
Constitution

b. Congress can lawfully exercise its powers
only within the limitations of constitution

2. qualifications for Representative, Senator, and
President have never been amended by the States

a. the term “United States” in these provisions
means “States United” (see People v. De La
Guerra and Ex parte Knowles, Calif. Supreme
Court)

3. since the Constitution as lawfully amended is
perpetual, then so is the Sovereign State
Citizenship which it has recognized from the
beginning (1787)

IV. The term “United States” has 3 separate and distinct
meanings in American Law:

A. The name of the sovereign nation, occupying the
position of other sovereigns in the family of nations

B. The federal government and the limited territory over
which it exercises exclusive sovereign authority

1. to be a federal citizen is to be a “citizen of the
United States” in this second sense of the term

C. The collective name for the States united by and under
the Constitution for the United States of America

2. to be a State Citizen is to be a “Citizen of the
United States” in this third sense of the term
(i.e. a “Citizen of one of the States United”)

V. One can be a State Citizen without also being a federal
citizen

A. see Crosse case from Maryland Supreme Court:

“Both before and after the Fourteenth Amendment to the
federal Constitution, it has not been necessary for a
person to be a citizen of the United States in order to
be a citizen of his state.”

[Crosse v. Board of Supervisors of Elections]
[221 A.2d 431 (1966)]

B. see State v. Fowler case from Louisiana Supreme Court:

“But a person may be a citizen of a particular state
and not a citizen of the United States. To hold
otherwise would be to deny to the state the highest
exercise of its sovereignty — the right to declare who
are its citizens.”

[State v. Fowler, 41 La. Ann. 380, 6 S. 602 (1889)]

C. see Cruikshank court from U.S. Supreme Court:

“We have in our political system a Government of the
United States and a government of each of the several
States. Each of these governments is distinct from the
others, and each has citizens of its own ....”

[United States v. Cruikshank, 92 U.S. 542 (1875)]

D. numerous other authorities can be found, with cites, in
“A Collection of Court Authorities in re Two Classes
of Citizens”

VI.


49 posted on 02/17/2012 6:16:57 PM PST by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
[ Post Reply | Private Reply | To 24 | View Replies ]


To: phockthis

Two things:

1. How about some links.

2. You missed the point of the conversation. States have no say over America citizenship. There is nothing states can do to influence natural born citizenship. In the example given, nothing NY says about state citizenship can deny American birthright citizenship.

Because of the 14th amendment, States can offer special privileges to their citizens. But they cannot deny their own citizens the rights afforded to them as US citizens and they cannot deny residents of other states the basic rights afforded every US citizen.


55 posted on 02/17/2012 8:02:05 PM PST by Harlan1196
[ Post Reply | Private Reply | To 49 | View Replies ]

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