FAQ: How to discern PUBLIC from PRIVATE in Acts of Congress?
INTRODUCTION:
For more information on this subject, see:
Private Right or Public Right? Course, Form #12.044
https://sedm.org/LibertyU/PrivateRightOrPublicRight.pdf
QUESTION 1:
What are some instances where an issue is articulated in the Constitution (APART from Art. I, § 8 subject matter) that Congress has subsequently created statutes for?
ANSWER 1:
Fourteenth Amendment, 42 U.S.C. §1983
QUESTION 2:
Where is the Fourteenth Amendment legislated?
ANSWER 2:
QUESTION 3:
How does Congress have the power to legislate that issue if it’s addressed in the Constitution?
ANSWER 3:
Fourteenth Amendment, Section 5.
QUESTION 4:
What about constitutional provisions regarding elections? Are there statutes for those?
ANSWER 4:
Yes
QUESTION 5:
Some constitutional provisions that Congress has created statutes for, apart from Article I, Section 8 subject matter, include:
- Article I, Section 2 and 3: Congressional Membership and Structure
- Qualifications for Representatives and Senators: Congress has established laws governing the qualifications, elections, and membership of Congress, such as residency requirements and age limits.
- Congressional Compensation: Laws regulating compensation for Senators and Representatives, including pay and benefits.
- Article I, Section 4: Congressional Elections
- Regulations for Congressional Elections: Statutes governing the timing, manner, and places of congressional elections.
- Article I, Section 5: Congressional Proceedings
- Rules of Proceedings: Laws governing the rules and procedures of Congress, including quorum requirements and journal-keeping.
- Article II: Executive Power
- Presidential Succession: Statutes governing presidential succession and disability, outlining the order of succession and procedures for filling vacancies.
- Executive Branch Organization: Laws regulating the structure and organization of the executive branch, including the creation of executive departments and agencies.
- Article III: Judicial Power
- Judicial Branch Structure: Statutes governing the structure and jurisdiction of the federal judiciary, including the Supreme Court and lower federal courts.
- Judicial Procedures: Laws regulating judicial procedures, including rules of evidence and appellate jurisdiction.
- Article IV: State Relations
- Interstate Compacts: Statutes governing agreements between states, including procedures for approval and enforcement.
- Extradition: Laws regulating the extradition of fugitives between states.
- Other Provisions
- Guarantee of Republican Government: Statutes ensuring that each state has a republican form of government, as guaranteed by Article IV, Section 4 ¹.
Why can they legislate that stuff if it’s in the Constitution?
ANSWER 6:
Domestic offices and property, or protection of private rights
QUESTION 7:
What about this?
The natural-born citizenship provision is partially articulated in 8 U.S.C. §1401, which outlines categories of individuals considered nationals and citizens of the United States at birth. These categories include ¹:
- Citizens Born in the United States: Individuals born in the US, subject to its jurisdiction
- Citizens Born Abroad to US Citizen Parents: Individuals born outside the US to two US citizen parents, with at least one parent having lived in the US
- Citizens Born Abroad to Mixed-Status Parents: Individuals born outside the US to one US citizen parent and one non-citizen parent, meeting specific residency requirements
The Fourteenth Amendment defines citizenship as “All persons born or naturalized in the United States, and subject to the jurisdiction thereof.” While 8 U.S.C. §1401 provides clarifying legislation regarding citizenship at birth, the Constitution sets the framework. Section 1401 doesn’t exclusively define natural-born citizenship for presidential eligibility purposes, but it outlines citizenship at birth ².
To be eligible for the presidency, an individual must be a natural-born citizen, which generally includes individuals born in the US or meeting specific conditions if born abroad to US citizen parents. However, the exact definition and application of “natural-born citizen” remain subject to interpretation and potential court rulings.
ANSWER 8:
Political privileges that are revocable mostly. Except Fourteenth Amendment in 8 U.S.C. §1401(a)
QUESTION 9:
So you agree the Fourteenth Amendment is legislated in 8 U.S.C. §1401?
ANSWER 10:
Recognized but not created
QUESTION 11:
What do you mean?
ANSWER 12:
It’s not domestic property created by congress. People created it in the Fourteenth Amendment.
So its not a privilege they can tax, regulate, or take away
Afroyim v Rusk, 387 U.S. 253 (1967); SOURCE: https://scholar.google.com/scholar_case?case=2521246303796542623
QUESTION 13:
Agreed. But when said “citizen” clothes himself with the public interest they can.
ANSWER 13:
Yes. Election or domicile
Public interest = domestic property
QUEESTION 14:
Both.
But if he clothes himself in the public interest, his domicile is irrelevant and it is the domestic1 nature of the USPI that is relevant.
Agreed?
ANSWER 15:
Irrelevant for the subject matter of the election only, but not for ALL subject matters. Domicile is the “default social compact”. But that contract can be waived at your discretion and when it is, preemption applies. This is because no one can interfere with your right to contract or not contract.
That’s how state-federal preemption is implemented. You may be a CIVIL citizen of a state, but you don’t HAVE to invoke the civil privileges of it in every circumstance. You can waive them and invoke the common law or the bill of rights instead. Happens all the time.
THEIR RESPONSE 16:
Domicile is irrelevant under the federal income tax.
State tax? Yes. But irrelevant for federal purposes.
Either you are clothed in the public interest (US person), or not (foreign person).
OUR RESPONSE 16:
“Foreign person” is undefined. BUT, it’s dangerous to claim even that status because it could be confused with the “person” in I.R.C. 6671(b) and I.R.C. 7343. Who fits there is very fuzzy. I would just say I’m a transient foreigner and under the first amendment and my right to contract, I can surrender the privileges of ANY civil status and thereby have to be left alone as justice itself requires. That ability is an exercise of the “right to exclude” aspect of SELF-OWNERSHIP.
If you own yourself and your property, YOU and ONLY YOU get to choose which civil laws protect both. That’s a First Amendment and Fifth Amendment issue. You’re literally a slave and state property if anyone takes away that right. At that point, I hate to say it, but you’re a victim of identity theft. If they own or can mandate your identity, then they own YOU and all your property.
ONE BIG USUFRUCT.