By The People
There are fundamental flaws in how American government operates today,
contrary to the Constitution and the vision of a representative republican form of governance.
I intend doing something about it: by educating and informing others who
are not even aware of the dangers.
Wednesday, April 2, 2014
How to Plant The Seeds of Destruction: or The Corporate Logic of Insanity Part 3A
From another point of view it follows that:
From a different (but-true-never-the-less) legal point of US Legal History it is recorded that:
U.S. Law is Private Merchant Law, leaving the people as Surety and Debtor on the bankruptcy.
Law is contract, universally and in the U.S., so we must follow the progression of contractual agreements which constitute the underlying U.S. Law. (this article cannot address all individual laws and cases or you would not have time in a life to review it, even though ignorance of the millions of laws, statutes, codes, etc… is no excuse in Private Admiralty Jurisdictions.)
In basically chronological order, the following progression of contracts, and an interpretation of them follows:
The USA, a corporation of the English Crown (this may actually be The Crown Temple in London; however that is a nightmare to unscramble and understand: if any of the Esteemed Readers have researched this issue please contact the Fix America moderator with source information), is bankrupt, and has been since at least 1788. The Articles of Confederation states in Article 12: “All bills of credit emitted, monies borrowed, and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed as considered a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith are hereby solemnly pledged.” The “Founding Fathers,” as constitutors, acknowledged and reorganized the debt in the US Constitution 1787, Article VI, hence “constitution.” Bankruptcy occurred on January 1, 1788 based on 21 loans that the United States of America received from the King of England dating from February 28, 1778 through July 5, 1782, the repayment of which had been ratified by Congress on January 22, 1783.
The United States Bank, created in 1791, was a private bank, with 18,000 of 25,000 shares owned by England.
No de jure, constitutional Congress has existed since March 27, 1861 when seven (7) Southern States walked out of Congress leaving Congress without a quorum for adjourning and therefore ending sine die. That which is called “Congress” today assembles and acts under the authority of the President acting in capacity of being Commander-In-Chief of the Armed Forces, under emergency war-powers rule, i.e. “law of necessity,” i.e. no law (see 12 Stat 319, which has never been repealed and exists in Title 50 USC §§ 212, 213, 215, Appendix 16, 26 CFR Chapter 1 § 303.1-6(a), and 31 CFR Chapter 5 § 500.701 Penalties).
Since the above-referenced date, March 27, 1861, Americans have been under Fascist rule via presidential executive order under the aforementioned Emergency War Powers, 12 USC 95 a, b. Every “citizen of the United States” is now “legally” established as an “enemy” via the Amendatory Act of March 9, 1933, 48 Stat. 1, amending Trading With Enemy Act of October 6, 1917, H.R. 4960, Public Law No. 91.
December 6th, 1865, the 14th Amendment was proclaimed as ratified (even though it never properly was, see below). The 14th amendment, which is private Roman Catholic Ecclesiastical Trust Law, constitutes a constructive, cestui que trust, a public charitable trust, “PCT,” that was expressly designed to bring every corporate franchise artificial person called a “citizen of the United States” into an inseparable merging with the government until the two are united (with the power inhering in the government, not the people). A cestui que trust is fundamentally different from a regular trust, which is express in nature and consists of a contractual indenture involving three (3) parties: Grantor (Creator or Trustor), Trustee, and Beneficiaries. In an express trust, legal ownership is transferred by written contract between Grantor and Trustee in which the Grantor surrenders ownership of property to the legal person, the Trust, to be managed by the Trustee on behalf of those who are to benefit from the arrangement, the Beneficiaries.
A cestui que trust, on the other hand, differs from an express trust in several crucial ways:
a. It is not formed by express contract, i.e. overt agreement expressed in writing, but by legal construction, i.e. fiat.
b. A cestui que trust has no Grantor, but, being a constructive trust created by operation of law, i.e. by make-believe, has only co-trustees and co-beneficiaries. The co-trustees are the parties with the duties for managing property for the “public good,” i.e. for the benefit of those designated as co-beneficiaries.
The Legislative Act of February 21, 1871, Forty-first Congress, Session III, Chapter 62, page 419, chartered a Federal company entitled “United States,” a/k/a “US Inc.,” a “Commercial Agency” originally designated as “Washington, D.C.,” in accordance with the so-called 14th Amendment, which the record indicates was never ratified (see Utah Supreme Court Cases, Dyett v Turner, (1968) 439 P2d 266, 267; State v Phillips, (1975) 540 P 2d 936; as well as Coleman v. Miller, 307 U.S. 448, 59 S. Ct. 972; 28 Tulane Law Review, 22; 11 South Carolina Law Quarterly 484; Congressional Record, June 13, 1967, pp. 15641-15646). A “citizen of the United States” is a civilly dead entity operating as a co-trustee and co-beneficiary of the PCT, the constructive, cestui que trust of US Inc. under the 14th Amendment, which upholds the debt of the USA and US Inc. in Section 4.
In conformity with the above-referenced creation of United States (1871) and the 14th Amendment, the Legislature of each State created a limited-liability corporation, chartered in a private, military, international, commercial, admiralty/maritime jurisdiction, entitled “STATE OF…” e.g. “STATE OF CALIFORNIA,” as evidenced by, inter alia, the change in the seal and the creation of a new constitution, e.g. Constitution of the State of California (1879), concerning which, re California:
a. A general partnership agreement, hereinafter “General Partnership,” exists between the California Republic (1849), and STATE OF CALIFORNIA (1879), with STATE OF CALIFORNIA acting as governmental controller.
b. STATE OF CALIFORNIA now acts as an agent/instrumentality of United States, collecting whole life insurance premiums, known as “taxes,” for the International Monetary Fund, based, inter alia, upon the Limited Liability Act of 1851 and the bankruptcy of United States of 1933, see House Joint Resolution 192 of June 5, 1933; Public Law 73-10; Perry v. U.S. (1935), 294 U.S. 330-381, 79 L Ed 912; 31 USC 5112, 5119.
Inasmuch as all law is contract, the contract involved in a constructive trust is an implied contract. An implied contract can be ratified by two (2) means:
a. Acquiescence by silence, i.e. the “government” asserts its intentions concerning your life, rights, and property and you assent, don’t rebut, and compliantly go along with what they claim. In 1871 the Government changed the nature of its contract with the people from law as defined by the original Constitution of 1787 that recognizes law (common law), admiralty (on the sea only), and equity (functioning by voluntary contract between all participating parties), and began relating to people as if they were “citizens of the United States” within/under the private, commercial, international, military jurisdiction of the new de facto corporation, i.e. US Inc. They offered people a “new deal,” and almost everyone bought it (based on naive and foolish trust and assuming that everything was OK).
The people were thereby denied access to law and placed on the ship of state of US Inc. where the captain’s word is law and no one has any rights.
As Jefferson phrased the matter, “As government grows, liberty recedes.”
b. You expressly accept “benefits” offered by the government, and thereby finalize the contract by deed. This is similar to finalizing a contract with a restaurant by sitting down at a table, reading a menu, and then ordering and consuming a meal. By your deeds you affirm to the restaurant that you will pay for the meal in accordance with the price stated on the menu. No written contract is signed, but a contract is formed nevertheless.
By the above two (2) means people give implied assent that they are bound by an alleged contract with US Inc. in accordance with the terms and conditions that inhere in being treated as a “citizen of the United States” under the 14th Amendment, and are therefore placed into permanent legal status as a Debtor and Surety for U.S. Inc..
In such a position people leave the ground of sovereignty and all capacity for asserting their unalienable rights in favor of being presumed as having exercised their sovereignty and free-will autonomy for the purpose of going along with the government’s assertion that they sacrifice everything for the “public good,” i.e. the PCT.
By so doing people lose their standing in law, i.e. they “die a civil death in the law.” They are placed in the legal position of mortmain (i.e. as if deceased) and are shorn of capacity for asserting their rights, since the presumption is that they have already exercised those rights for the purpose of being placed in the position they are in, i.e. property of the government with a lien against you and everything your life labor could ever create, including your children.
The private being (the real individual) is sacrificed for the good of the public (the imaginary collective).
When people die such a civil death in law, they are like ghosts, and thereby incapable of managing their own affairs and enjoying their unalienable rights. Like the estate of a decedent, they are then managed by the executors/administrators of the estate, in probate. Such is the condition of every “citizen of the United States” today in law, managed by the government agencies acting as executors/administrators of their estates in bankruptcy, legal incapacity, and civil death as assets of the bankrupt US. The US is property of the private Real Parties of Interest, the Creditors in bankruptcy.
The 14th Amendment was allegedly established for the purpose of creating a citizenship for the liberated blacks, and other disenfranchised people, who otherwise had no citizenship because they could not comply with the requirements for state citizenship.
What actually happened was that the blacks were taken off of the Southern slave plantations and placed into the slave plantation of US Inc., a far worse lot in life. The government then gradually absorbed everyone else—including state citizens—into the same condition.
1871-1913. Officers of the actual government held office in dual capacity, i.e. in both USA and US Inc. status.
1912. Bonds issued by US Inc. came due but US Inc. did not have the resources for paying their creditors (the seven families that founded the Federal Reserve Bank), so US Inc.’s owner (the actual government) was required to pay the balance. The national government was also without sufficient funds to meet US Inc.’s obligations, so the creditors settled for all of the assets of both US Inc. and the national government instead of foreclosure on and liquidation of the entire country. By so doing they expropriated the nation—both USA and US Inc. Sic transit America.
1912. US Inc. forms an agreement with the Federal Reserve Bank (It is important to note that both of these entities are private corporations which removes the general allegations of treason or fraud from this relationship). Through this agreement US Inc. must function in debt, even though they have neither funds nor resources for financing their operation.
1912. The first corporate only Senators are seated in the next election year by popular vote of the US Inc. registered voters. The original-jurisdiction national Senators of the States did not assume office that year and at least one third of the nation’s Senators seats were lawfully and voluntarily vacant.
February 3rd, 1913. US Inc. passes its 16th Amendment and Congress orders the Secretary of State to enter it as ratified even though the States had not ratified it according to Law. The Secretary complied. It should be noted that this would not have been lawful if it were a national Constitution amendment, however it was perfectly legal within the colorable, de facto corporation. It should also be noted that where the national Constitution already had a 16th amendment and where the Supreme Court says that the new 16th Amendment did not do anything, this corporate amendment must simply be a space filler entered such that US Inc.’s Constitution (1871) would have the same number of amendments as that of the national Constitution (1787).
April 8th, 1913. US Inc. passes its 17th amendment and Congress orders it to be entered as ratified in the exact same manner as they did with US Inc.’s 16th Amendment. This amendment changes where US Inc.’s Senators are elected. This amendment is not even lawfully possible as a national Constitution amendment for several reasons, not the least of which is that the amendment would have required that Congress first pass an amendment that stated that they had the power to say where Senators are elected before they could even deliberate on such a subject matter, after which they would then have to have competent ratifications performed on such amendments in accord with constitutional limits, not as was done with US Inc.’s 16th Amendment.
December 23, 1913. The Congress, late at night with only a small cadre of supporters present, passed the Federal Reserve Act, surrendering the creation and management of the nation’s currency into the hands of a cartel of private—and mostly foreign—bankers.
Currency is the single most essential and critical commodity in the world, embodying more law and principles of commerce than any other. Since all interactions are “commerce,” and the medium of doing business in commerce is currency, money is in a very significant sense the measure of all things. By abandoning control and management of the money supply the nation surrendered all capacity for claiming sovereignty. The government lost its independent treasury (one of the requirements in law for national sovereignty). The United States Government became a mere fiefdom, or administrative arm, of the bankers, who now owned the store.
Passage of the Federal Reserve Act was a major milestone on the “road to serfdom” that this entire progression outlines. The conspiratorial nature of matters is exemplified in comments by one of the major actors in the triumph of the Federal Reserve, Edward Mandell House, who had this to say in a private meeting with Corporate President in occupation Woodrow Wilson:
“[Very] soon, every American will be required to register their biological property in a national system designed to keep track of the people and that will operate under the ancient system of pledging. By such methodology, we can compel people to submit to our agenda, which will effect our security as a charge back for our fiat paper currency. Every American will be forced to register or suffer not being able to work and earn a living. They will be our chattel, and we will hold the security interest over them forever, by operation of the law merchant under the scheme of secured transactions. Americans, by unknowingly or unwittingly delivering the bills of lading to us will be rendered bankrupt and insolvent, forever to remain economic slaves through taxation, secured by their pledges. They will be stripped of their rights and given a commercial value designed to make us a profit and they will be none the wiser, for not one man in a million could ever figure our plans and, if by accident one or two should figure it out, we have in our arsenal plausible deniability.
After all, this is the only logical way to fund government, by floating liens and debt to the registrants in the form of benefits and privileges. This will inevitably reap to us huge profits beyond our wildest expectations and leave every American a contributor to this fraud which we will call “Social Insurance.” Without realizing it, every American will insure us for any loss we may incur and in this manner, every American will unknowingly be our servant, however begrudgingly. The people will become helpless and without any hope for their redemption and, we will employ the high office of the President of our dummy corporation to foment this plot against America.”
"To-say-the-very-least, Words with an ominous ring, have come to pass, and now Americans pay taxes and fines and fees. Remember to add to the bottom of the list the so called PPACA (Obamacare) tax.
Not one of the following sample of taxes (or other methods of collecting financial wealth or property) existed 100 years ago, and our nation was the most prosperous in the world. We had absolutely no national debt, had the largest middle class in the world, and Mother could stay at home to raise the children and teach them things of virtue. What happened? Can you spell "politicians?"
List of a few of taxes which are paid:
Accounts Receivable Tax
Building Permit Tax
CDL license Tax
Corporate Income Tax
Dog License Tax
Federal Income Tax
Federal Unemployment Tax (FUTA)
Fishing License Tax
Food License Tax
Fuel Permit Tax
Gasoline Tax (44.75 cents per gallon)
Gross Receipts Tax
Hunting License Tax
IRS Interest Charges (tax on tax)
IRS Penalties (tax on tax)
Marriage License Tax
Personal Property Tax
Real Estate Tax
Service Charge Tax
Social Security Tax
Road Usage Tax
Recreational Vehicle Tax
State Income Tax
State Unemployment Tax (SUTA)
Telephone Federal Excise Tax
Telephone Federal Universal Service Fee Tax
Telephone Federal, State and Local Surcharge Taxes
Telephone Minimum Usage Surcharge Tax
Telephone Recurring and Non-recurring Charges Tax
Telephone State and Local Tax
Telephone Usage Charge Tax
Vehicle License Registration Tax
Vehicle Sales Tax
Watercraft Registration Tax
Well Permit Tax
Workers Compensation Tax
Lieber Code-General Orders No 100
State's (Your) Tax Code
Another one bites the dust, 30.