14th Amendment Citizenship..
As Arizona State Senator Wayne Stump Explains..
The following is a reprint from the Free Enterprise Society's newsletter, May 1989. It is authored by former Arizona State Senator Wayne Stump:
"As my interest in constitutional law has expanded over the past years and the word of my interest spread, I have happily become the recipient of Patriot papers, circulars and letters from all over this great land.
Many folks involved in the research and use of the principles involved in our "Republican" form of government have become personal friends. These friendships have enabled a great deal of activity, from diverse sources, to develop together for comparison and evaluation.
I have, from time to time, endeavored to pass information, on a limited basis, from one source to another for enlightenment of individuals on general issues.
This time, however, it would appear that the emerging principles are so fundamental to our form of government, and of such magnitude as to encompass every man, woman and child in our united Republics, that one wonders how they could have ever become obscured.
The principles to which I refer are those heralded in the Preamble of the Constitution, which being: "We, the People...." and continues "....secure the blessings of Liberty to Ourselves and our Posterity." These words, without question, were used to represent the interests of the signers of the Constitutional contract. That is to say, "The Founding Fathers and their Posterity."
When one reflects on this meaning of "We the People" it would seem to mean that the Preamble People were a class of people who, with the aid of God, originally secured their Liberty with the protections they constructed into the Organic Constitution and the first ten Amendments thereto. This, being the case, tends to bring the import of the 14th Amendment into focus.
The 13th and 14th Amendments, as we have been taught, were fashioned to give freedom to slaves and to secure for them privileges of citizenship.
Our Educators, however, neglected to explain that the 14th Amendment creation was that of a new "class" of citizenship. It becomes clear when one studies the wording of the Organic Constitution, that the original people cited in the "Preamble" could not lose the "Blessings" secured thereby as long as the Constitution was intact, because our Constitution is perpetual.
The 14th Amendment, then had to create another "position" for those persons for whom it was created. Scrutiny of the 14th Amendment reveals that persons encompassed thereby were "subject" to jurisdiction thereof and may not "question" the validity of the public debt.
Big "C" -- Little "c"
When this Nation was founded each of the individual States of this union had their own Citizens (spelled with a capital "C"). Today, we have a second class of citizen (note the small "c"), the 14th Amendment citizen.
In law, every letter in a word is important. A word capitalized may mean one specific thing, while the same word without capitalization may mean something entirely different. In the case of Citizenship (or citizenship), this is more certainly true.
There is a clear distinction between national and State citizenship, U.S. citizenship does not entitle citizen of the privileges and Immunities of the Citizen of the State. K. Tashiro v. Jordan, 256 P 545, affirmed 49 S Ct 47, 278 US 123.
Black's Law Dictionary, 5th Edition, agrees with the distinction between these different classes of (C)itizenship:
There are two Privileges and Immunities Clauses in the federal Constitution and Amendments, the first being found in Art. IV, and the second in the 14th Amendment. Section 1, second sentence, clause 1. The provision in Art. IV states that "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States, while the 14th Amendment provides that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.
Note the lack of capitalization in the wording used in the 14th Amendment, this specifically means that the words "citizens, privileges, immunities" are not the same as in Article IV.
The State of California was admitted into the Union of the United States in 1949; 9 Statutes at Large 452. It was admitted on an equal footing with the original States in all respects whatsoever.
The State of California was required to have its own Citizens, who were first State Citizens, then as a consequence of State Citizenship were American Citizens, known as Citizens of the United States. There was no specific class as this, but for traveling and protection by the United States government while out of the country, they were generally called Citizens of the United States.
The Constitution for the United States of America (1787) used the term "Citizen of the United States" in Article I, Section 2, (capital "C"), and numerous other sections. This referred to the Sovereign Political Body of State Citizens, this Citizen is entitled to all the Privileges and Immunities of the Citizens of the several States under Article IV.
Congress utilized the same term "citizen of the United States" qualifying it with a small "c" to distinguish "federal citizen" in the so-called 14th Amendment. These "citizens" have only statutory rights granted by Congress.
Thus, Congress and most of the Judiciary, without distinction being properly brought forth have made rulings based upon the federal "citizens" who are resident in a State, not State Citizens domiciled within their own State.
The statement by Chief Justice Taney in Dred Scott v. Stanford, 19 How. 393, 422, in defining the term "persons" the Judge stated:
...persons who are not recognized as Citizens." See also American and Ocean Ins. Co. v. Canter, 1 Pet. 511, which also distinguishes "persons" and "Citizens." These were the persons that were the object of the 14th Amendment, to give to this class of native born "persons" who were "resident" in the union of the United States citizenship, and authority to place other than the white race within the special category of "citizen of the United States."
To overcome the statement in Dred Scott, supra, that only white people were Citizens, and all other persons were only "residents" without citizenship of the United States, Congress then passed the Civil Rights Act of 1866, 14 Stat 27.
The Act of Congress called the Civil Rights Act, 14 U.S. Stats. At Large, pg. 27, which was the forerunner of the 14th Amendment, amply shows the intent of Congress:
All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States, and such citizens of every race and color... shall have the same right in every state and territory of the United States... to full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens,...
(Again, note the lack of capitalization)
This was the intent of Congress; not to infringe upon the Constitution or the state of the de jure Citizens of the several states. It was never the intent of the 14th Amendment to subvert the States' authority or that of the Constitution as it relates to the status of the de jure State Citizens. People v. Washington, 36 C 658, 661 (1869) over ruled on other grounds; French v. Barber, 181 US 324; MacKenzie v. Hare, 60 L Ed 297
At this point, I anticipate a lot of folks reading this article are going into shock as they grab for the Constitution to check out the phrase and "question" of the validity of the public debt. Let me help you by reference to section 4 of the 14th Amendment and caution you to hold onto your chair.
It would seen then, from the foregoing, that there are two "classes" of citizens in this country..
1. Preamble Citizen: persons born or naturalized within the meaning of the Organic Constitution and inhabiting one of the several Republics of the United States who enjoy full citizenship of the Organic Constitution as Citizens of the Republic which they inhabit.
2. Citizen "subject": persons enfranchised by the 14th Amendment who are born or naturalized in the United States within the meaning of the 14th Amendment and are residing therein as a United States citizen and are enjoying the privileges and immunities of "limited" citizenship.
It is not my intention, in this article, to become technically involved in citations for the information introduced here, but only to outline an overview for those folks who claim "Constitutional Rights" and then wonder why the legislatures, courts and police don't respond in "kind" to these claims.
When one separates the classes among their appropriate dividing lines, it appears that..
1. Preamble Citizens:
a. Have direct personal access to a God inspired, original Constitution and it's restraints on government for the protection of life, liberty and property.
b. Have direct personal access to the Article III courts known as "justice courts" which deal with law.
2. Citizen "subjects":
a. Have representative access to the first eight amendments as purviewed by the 14th Amendment.
b. Have representative access to Article 1 courts, provided by legislature, that are known as "legislative courts" which deal with statutes and are served by bar members, or officers of the court, known as lawyers.
My concern here, stems from my observation that folks involved with the preservation of our beloved Constitution are unaware of the "limited" citizenship created by the 14th Amendment. Additionally, these folks don't realize that they are, or have voluntarily become, citizen subjects because of their acceptance of the "benefits" of limited citizenship.
The main "benefit" that I will mention here is Social Security.
There are many other "benefits" such as the benefit of "regulation by licensing" that give control of your children to the State by making them "wards of the State" and subject to the "regulation" of the "legislative courts" by statute, etc.
The intention of this article is to point out the apparent difference in the classes of citizenship and the difference in the courts in serving these classes.
I have noticed that, in many publications, and also personal conversations, people convey their feelings of alarm or despair in finding that "the court" or "government" is in violation of the Constitution without realizing that the court they are addressing is a legislative court and does not hear cases based on justice, but rather, cases based only on statute law.
The reality of the following example of statute law is that the statute specifies a speed limit to be held at 30 m.p.h. The only question that can be entertained by the court is that of whether the accused did in fact go faster than the limit. That is a yes or no question. The accused cannot try to tell the court that it was a six lane highway on a clear day with no traffic in sight and that his speed of 60 m.p.h. did not injure anyone. The court is not obligated to hear that argument as it is not a justice court.
The final question then would seem to be "where is the article III "justice" court and who can use it?
I am very aware that many of the folks reading this article are not going to be able to use the justice courts, as they have natural or acquired deficiencies that will not allow them Preamble Citizenship, but for the people endowed with the proper qualifications, it appears that the straight line approach of barring jurisdiction of legislative courts (tribunals) through recision of contracts and declaration of Article IV, Section 2 status is essential, as it appears that only Preamble People can exercise the offices as set forth in the Organic Constitution.
Additionally, it seems that this same class (Preamble People) is the only class that may claim the protection of the first ten Amendments as written.
As the truth of our personal status, and the responsibilities connected therewith unfolds, it becomes clear that the Article III "justice" court must be accessed individually by the person claiming the right. At present it is being done by common law filing of actions "in law" with the County Recorders who have been found to be "ex officio" clerks of the County courts. The authority for the exercise of the "justice" office is found in the 9th Article of Amendment and I believe all State Constitutions have similar provisions for the Preamble Citizens (also known as de jure Citizens).
I will not go farther with an attempt toward instruction but will leave this in the hands of the many patriots engaged in the research of these developments. My mission in presenting this information in a general sense is to help the unfortunate individuals who repeatedly bash themselves against the rocks of misinformation or ignorance in vain, though laudable, effort to protect our beloved Constitution. I hope I have achieved this end."
It would appear that this former Arizona State Senator was a right-wing, anti-government wacko!
However, he knows more about the subject matter than 95% of the people in this country. Why is that do you suppose?
The reason is, the people in this country have been programed (dumbed down) in the government indoctrination centers (public [fool] school system)..
