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Thread: Constitutional Citizens vs. statutory Citizens-it makes a difference

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  1. #5
    David, I find your interpretation of the 13 amendment interesting.

    paraphased. no citizen can receive any type of title etc from another entity and remain a citizen.

    And will not be allowed to hold a public office.

    To me this speaks to questionable allegiance to a foreign power and working as a federal employee. But I don't understand how this translates into a citizen being an employee, can you please explain your thinking on this.

    allegiance would place one in the category of being a constitutional citizen, but not a statutory citizen. Thanks.

    Here is a quote from an article I thought interesting. Take a look. Your thoughts?

    We emphasize that ALL statutory statuses under federal law attach to domicile on federal territory not within the exclusive jurisdiction of any state fo the Union. Those who are truly sovereign are not domiciled on federal territory and not subject to federal law, but also not a statutory "exempt individual" in respect to federal legislative jurisdiction. This was alluded to by the U.S. Supreme Court when it held the following:

    "In Udny v. Udny (1869) L. R. 1 H. L. Sc. 441, the point decided was one of inheritance, depending upon the question whether the domicile of the father was in England or in Scotland, he being in either alternative a British subject. Lord Chancellor Hatherley said: 'The question of naturalization and of allegiance is distinct from that of domicile.' Page 452. Lord Westbury, in the passage relied on by the counsel for the United States, began by saying: 'The law of England, and of almost all civilized countries, ascribes to each individual at his birth two distinct legal states or conditions,—one by virtue of which he becomes the subject [NATIONAL] of some particular country, binding him by the tie of natural allegiance, and which may be called his political status; another by virtue of which he has ascribed to him the character of a citizen of some particular country, and as such is possessed of certain municipal rights, and subject to certain obligations, which latter character is the civil status or condition of the individual, and may be quite different from his political status.' And then, while maintaining that the civil status is universally governed by the single principle of domicile (domicilium), the criterion established by international law for the purpose of determining civil status, and the basis on which 'the personal rights of the party—that is to say, the law which determines his majority or minority, his marriage, succession, testacy, or intestacy— must depend,' he yet distinctly recognized that a man's political status, his country (patria), and his 'nationality,—that is, natural allegiance,'—'may depend on different laws in different countries.' Pages 457, 460. He evidently used the word 'citizen,' not as equivalent to 'subject,' but rather to 'inhabitant'; and had no thought of impeaching the established rule that all persons born under British dominion are natural-born subjects. "

    [United States v. Wong Kim Ark, 169 U.S. 649, 18 S.Ct. 456, 42 L.Ed. 890 (1898); SOURCE: http://scholar.google.com/scholar_ca...5771263111765]
    From the above, we can see that:

    The Constitution is a POLITICAL and not a LEGAL document. It therefore determines your POLITICAL status rather than your LEGAL/STATUTORY status.
    Nationality determines your POLITICAL STATUS and whether you are a "subject" of the country.
    DOMICILE determines your CIVIL and LEGAL and STATUTORY status. It DOES NOT determine your POLITICAL status or nationality.
    Being a constitutional "citizen" per the Fourteenth Amendment is associated with nationality, not domicile.
    Allegiance is associated with nationality, not domicile. Allegiance is what makes one a "subject" of a country.
    Your personal and municipal rights, meaning CONSTITUTIONAL rights, associate with your choice of legal domicile, not your nationality or what country you are a subject of or have allegiance to.
    Being a statutory "citizen" is associated with domicile, not nationality, because it is associated with being an inhabitant RATHER than a "subject".
    A statutory "alien" under most acts of Congress is a person with a foreign DOMICILE, not a foreign NATIONALITY. By "foreign", we mean:
    8.1 Nationality context: OUTSIDE of COUNTRY United States.
    8.2 Domicile context: OUTSIDE of federal territory and the exclusive federal jurisdiction, and NOT outside the Constitutional United States (states of the Union).


    As you have alluded to probably best not to be a citizen of either type. fB
    Last edited by Frederick Burrell; 09-01-11 at 11:49 AM.

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