Sweeping generalizations are at times used to confuse or deceive. I avoid making them. After all, what is your or my circumstance is not necessarily everyone else's. Estates are often formed by declaration or by agreement and may arise directly or indirectly or expressly or implicitly from such declaration or agreement. A claim at the least is a declaration or a notice.
At Least Two Types of States
There are at least two types of "state" as relates to The United States of America.
1. the type of state which formed the United States of America (something tells me that there are not fifty of these--the United States did not form these and thusly does not have the authority a creator has over its creations--its the other way around here)
2. the type of state which was formed by the United States (the Federal Government) for administrative purposes.
Re: type #1
Type #1 is without the United States, is foreign to the United States. These are 'several' rather than wholly united into a Union. AFAIK, never did George Washington as President or as Commander In Chief of the United States have authority here.
Re: type #2
Type #2 aka a "Federal State" is within the United States and might be subject to the jurisdiction of the United States (NDAA, Patriot Act, Federal Reserve system, Social Security Administration, U.S. military bases, persons born subject to the jurisdiction of the United States, plenary power, IRS, the 50 States of the Union, etc.). U.S. Congress and the President of the United States might be construed to be like unto King and Parliament here--and this area is very much limited.
Ignorance or lack of knowledge about the foregoing distinctions has been greatly exploited--not to mention ignored as if not worth learning. The United States itself is a Federal (Territorial) State--it is very much limited in size and scope. The singularity known as the United States is a creature of other states. Some suggest it to have been the creature of the People of the original Thirteen Colonies--but they weren't "People of the United States" and were instead People of Maryland, Virginia, etc. respectively. For example, U.S. State of California is not the same as the de jure California republic (lower case). The 's' at the end just wants to be plural but is more often than not these days a singularity.
Thus the importance of being able to recognize administrative law when you see it. Whenever U.S. Congress passes a "law" (regulations might be called laws at times) that is in any way contrary to "the Constitution", they are acting in an administrative capacity with respect to the the Territory of the United States (type #2)--they lack power to do so otherwise. SCOTUS might know but they aren't going to batanatly say so but such can be readily determined by the language, context and syntax of the "law". America is not the United States. America is not the United States of America.
Related: Matroska doll.
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