Chapter 4 - Jurisdiction
§2. In Fact and In Law/Territory
“But in fact and in law, such statutes are intended to be applied to those who are here as “residents” in this State under the Interstate Commerce Clause of the Federal Constitution and the so called Fourteenth Amendment.”236
If you are at all like me, when I had first encountered that last quote I was shocked and confused, to say the least. It haunted me, and I pondered its underlying significance as to the extent of that supreme court dissent. It declared the jurisdiction of the U.S. Code’s, which are nefariously purveyed over us all, to apply to “residents” engaging in interstate commerce and those under the “so called” fourteenth amendment, but not to the People. I would further extend that expressed jurisdiction to it’s specified agencies/ agents, departments, offices/officers, employees, representatives, etc., etc., exclusively in its territories, possessions and enclaves, as per Article I, sec. 8, clauses 18 and 19, and it’s specified subject matter in the preceding clauses 1 – 17.
Article 1, Sec.8, cl. 18-19 – To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; - And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.237
Their territorial jurisdiction, as noted above when it stated, “To exercise exclusive legislation in all cases whatsoever”, only extends to ten miles square, to places purchased and to property owned. To further clarify this power of restrictive absolute jurisdiction it was also upheld in the fourth article of the federal constitution.
Article IV, Sec. 3, cl. 2- The Congress shall have power to dispose of and make all needful rules and regulations respecting territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.
"... the United States never held any municipal sovereignty, jurisdiction, or right of soil in Alabama or any of the new states which were formed ... The United States has no Constitutional capacity to exercise municipal jurisdiction, sovereignty or eminent domain, within the limits of a state or elsewhere, except in the cases in which it is expressly granted ..."238
"Residual state sovereignty was also implicit, of course, in the Constitution's conferral upon Congress of not all governmental powers, but only discrete and enumerated ones.”239
The territorial jurisdiction of the United States would include territories and possessions temporarily acquired through treaties that are not part of the republic States of the union. Persons who are under this exclusive jurisdiction are citizens of the United States government, and of the state wherein they reside, by virtue of the fourteenth amendment. This is a little confusing because Washington, D.C. is considered a state, and possessions, like Puerto Rico, are considered states too, but they are political states and not part of the 50 States of the union.
Territory – A part of a country separated from the rest, and subject to a particular jurisdiction. Geographical are under the jurisdiction of another country or sovereign power. A portion of the United States not within the limits of any state, which has not yet been admitted as a state of the Union, but is organized with a separate legislature, and with executive and judicial powers appointed by the president.240
“Territories are governed by organic acts, enacted by Congress, unilaterally amendable by Congress, unilaterally revocable by Congress.”241
“It is no longer open to question that the general government, unlike the states, possesses no inherent power in respect of the internal affairs of the states; and emphatically not with regard to legislation.”242
What does the United States Code (U.S.C.) say? Title 26 U.S.C. is the Internal Revenue Chapter, and Section 7701 is a section devoted to definitions. What is their definition of the United States in respect to this code’s contextual usage?
United States - The term "United States" when used in a geographical sense includes only the States and the District of Columbia. 243
The use of the word "only" would indicate that this is a restrictive definition. Does that mean only the 50 States, or U.S. possessions, which are also called states? This is clarified in the next definition that is supplied in 26 U.S.C. §7701.
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.244
When you find a definition within the statutes or any document of law that is issued using the word "includes", it means that only the items or categories listed in the definition are included, and everything else is excluded.
“The inclusion of one is the exclusion of another. The certain designation of one person is an absolute exclusion of all others.245”
Expressio unius est exclusio alterius.
The expression of one thing is the exclusion of another.
When certain persons or things are specified in a law, contract, or will, an
intention to exclude all others from its operation may be inferred. Under this maxim, if statute specifies one exception to a general rule or assumes to specify the effects of a certain provision, other exceptions or effects are excluded.246
The District of Columbia is a political state of the United States. It is the property of the federal government (United States of America), like other of It’s possessions, such as Guam and the Virgin Islands are. Since the 50 States are not mentioned in the definition of state found in 26 U.S.C. §7701, they are not included. Why? Because the jurisdiction of the United States government, as set forward in Article III, Sec. 2 of the U.S. Constitution, includes only areas under its jurisdiction and excludes all others. The 50 states are separate foreign states from the national government, having their own state constitutions and internal governments, and therefore would not come under the geographical or territorial jurisdiction of the United States federal government, and their corporation.
What do I mean when I say that the U.S. federal government has a corporation?
-CITE-
28 USC Sec. 3002 01/03/2012 (112-90)
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 176 - FEDERAL DEBT COLLECTION PROCEDURE SUBCHAPTER A - DEFINITIONS AND GENERAL PROVISIONS
-HEAD-
Sec. 3002. Definitions
-STATUTE-
As used in this chapter:
(15) “United States” means-
(A) a Federal corporation;
(B) an agency, department, commission, board (C) an instrumentality of the United States.
We can gain further insight as to the location of the United States when we analyze the Uniform Commercial Code as well.
“Location of the United States. The United States is located in the District of Columbia.”247
This would explain why the Internal Revenue is listed as a ‘Puerto Rico special trust fund’ in Title 31 of the U.S.C.
-CITE-
31 USC Sec. 1321
01/03/2012 (112-90)
-EXPCITE-
TITLE 31 - MONEY AND FINANCE
SUBTITLE II - THE BUDGET PROCESS CHAPTER 13 - APPROPRIATIONS
SUBCHAPTER II - TRUST FUNDS AND REFUNDS
-HEAD-
Sec. 1321. Trust funds
(a) The following are classified as trust funds:
(62) Puerto Rico special fund (Internal Revenue)248
[Think about it... They’re foreign to the People.]
"The United States Government is a foreign corporation with respect to a state."249
Certain provisions detailed within the titles are exclusive for that title usage, and usually does not extend through the whole scope of the U.S. Codes. It is imperative that we scrutinize other titles in order to gain a broader perspective as to the context of these definitions, in relation to the whole code.
The term “State” is also further defined in the Social Security Act; both in the original act that was passed in 1935 and the current usage. The current usage as defined in the social security act is a great source for the broad characteristics of the term “state” throughout the whole scope of the title, and can be used as a soundboard of which to glean jurisdictional limits.
The original 1935 Act states;
“The term State (except when used in section 531) includes Alaska, Hawaii [only when they were territories*-editors note] and the District of Columbia.” 250
The current definition, as of 2012 A.D., is as such;
“(1) The term ‘State’, except where otherwise provided, includes the District of Columbia and the Commonwealth of Puerto Rico, and when used in titles IV, V, VII, XI, XIX, and XXI includes the Virgin Islands and Guam. Such term when used in titles III, IX, and XII also includes the Virgin Islands. Such term when used in title v. and in part B of this title also includes American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Such term when used in titles XIX and XXI also includes the Northern Mariana Islands and American Samoa. In the case of Puerto Rico, the Virgin Islands, and Guam, titles I, X, and XIV, and title XVI (as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 1972) shall continue to apply, and the term ‘State’ when used in such titles (but not in title XVI as in effect pursuant to such amendment after December 31, 1973) includes Puerto Rico, the Virgin Islands, and Guam. Such term when used in title XX also includes the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. Such term when used in title IV also includes American Samoa.”251
[236 U.S. v. United Mine Workers of America, 67 S.Ct. 677, 330 U.S. 258 (1947)
237 Article I, Section 8, Clauses 18 – 19 – U.S. Constitution – (1789)
238 Pollard v. Hagan, 44 U.S.C. 212, 221, 223
239 Justice Antonin Scalia; Mack v. United States – (1997)
240 Black’s Law Dictionary, 5th Edition, p. 1473 (1979)
241 US v. Valentine, 288 F. Supp. 957 (1936)
242 Carter v. Carter Coal Co., 298 U.S. 238, 56 S.Ct. 855 (1936); Hammer v. Dagenhart, 247 U.S. 251, 257, 38 S.Ct. 529, 3 A.L.R. 649, Ann.Cas.1918E 724
243 Title 26, Subtitle F, Chapter 79, § 7701(9) – (2012)
244 Title 26, Subtitle F, Chapter 79, § 7701(10) – (2012)
245 11 Coke, 58b.
246 Black’s Law Dictionary, 6th Edition, p. 581; Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d 321, 325; Newblock v. Bowles, 170 Okl. 487, 40 P.2d 1097, 1100
247 The Portable UCC, 4th Edition – (2004) – UCC 9-307 (h) – Location of Debtor
248 Title 31 USC, sec. 1321 (a)(62) – (2012)
249 Volume 20 of Corpus Juris Secundum at 1758; NY vs. re Merriam, 36N.E. 505; 141 N.Y. 479; affirmed 16 S.Ct. 1073; 41 L.Ed. 287
250 IRC 7701(a)(10) – (Approved, August 14, 1935) 251 Title 42 U.S.C., §1301 (a)(1); (2012) ]