HOW TO: How Financial Institutions, State, and Federal Governments Compel a Public Capacity

INTRODUCTION:

This article itemizes all the methods used by financial institutions, states, and the federal government to create a public capacity or associate it with a non-consenting human being by:

  1. Refusing service to those who insist on private capacity (discrimination)
  2. Compelling a privileged civil statutory domicile or residence.
  3. Compelling use of an identifying number even though the default status of American nationals is nonresident alien.

The main constraint preventing a surrender of constitutional rights in connection with applying for a specific program listed is the following:

DOCTRINE: Unconstitutional Conditions Doctrine applied to Federal and State Income Taxation, FTSIG
https://ftsig.org/doctrine-unconstitutional-conditions-doctrine-applied-to-federal-and-state-income-taxation/

As a result of the unconstitutional conditions doctrine, having a public capacityPUB under a single program does NOT mean you AUTOMATICALLY have a public capacityPUB in ALL or more than one program. This is explained in:

REFERENCE: Cross Title and Cross-Franchise public capacityPUB boundaries, FTSIG
https://ftsig.org/reference-cross-title-and-cross-franchise-public-capacitypub-boundaries/

You can collect Social Security Benefits as an American national protected by the constitution, file as a nonresident alien, and exclude all such earnings under 26 U.S.C. 872. All public capacities under Title 26 are voluntary since there is no liability statute under I.R.C. Subtitles A and C for anything but “withholding agents” on aliens under 26 U.S.C. 1461 and “employers” under 26 U.S.C. 3403, both of which are voluntary. The Sixteenth Amendment, in fact, is a tax on NOTHING BUT voluntary public capacity and enforced using the Public Rights Doctrine that governs exclusively PUBLIC RIGHTS created and owned by Congress. See:

Journey to Sixteenth Amendment, Fed Reserve, FTSIG
https://ftsig.org/history/journey-to-16a-fed-reserve-nnot/

More on the subject of Identification at:

Hot Issues: Identification and Identity Theft*, SEDM
https://sedm.org/identification/


1. Financial Institutions

1.1 Account Identification Systems

  1. Requiring taxpayer identification numbers (SSN, EIN, ITIN) for account opening.
  2. Customer Identification Program (CIP) requirements under banking regulations.
  3. Know Your Customer (KYC) verification procedures.
  4. Beneficial ownership reporting requirements.
  5. Collection of legal name, address, and government-issued identification.

1.2 Tax Reporting Systems

  1. Form W-9 collection.
  2. Form W-8 series collection.
  3. Form 1099 reporting.
  4. Interest reporting (1099-INT).
  5. Dividend reporting (1099-DIV).
  6. Broker reporting (1099-B).
  7. Mortgage interest reporting (1098).

1.3 Payment and Settlement Infrastructure

  1. Direct deposit systems tied to government benefits.
  2. ACH networks utilizing account-holder identification.
  3. Electronic tax payment systems.
  4. Treasury Direct accounts.
  5. Government benefit payment routing.

1.4 Credit and Regulatory Systems

  1. Credit bureau identity files.
  2. Federally regulated mortgage programs.
  3. SBA lending programs.
  4. FDIC-insured account frameworks.
  5. Federal reserve regulated banking relationships.

1.5 Anti-Money Laundering Compliance

  1. Suspicious Activity Reports (SARs).
  2. Currency Transaction Reports (CTRs).
  3. OFAC screening.
  4. Ongoing account monitoring.
  5. Regulatory recordkeeping requirements.

2. States

2.1 Residency-Based Status Systems

  1. State driver’s licenses issued to residents.
  2. State identification cards issued to residents.
  3. Voter registration rolls.
  4. Vehicle registration systems.
  5. Property tax records.

2.2 Occupational Licensing

  1. Professional licenses.
  2. Contractor licenses.
  3. Medical licenses.
  4. Legal licenses.
  5. Real estate licenses.
  6. Trade certifications.

2.3 State Benefit Programs

  1. Unemployment insurance programs.
  2. State disability programs.
  3. Medicaid administration.
  4. State educational benefits.
  5. Public employee retirement systems.

2.4 Public Record Systems

  1. Birth registration.
  2. Death registration (Social Security Death Master File, or DMF).
  3. Marriage licensing.
  4. Divorce decrees.
  5. Name-change proceedings.

2.5 Revenue Collection Systems

State income tax obligation is based on federal gross income. If you file as a nonresident alien federal, you must file as a nonresident for state and claim the same gross income. This is covered in:

State Income Taxes, Form #05.031
http://sedm.org/stateincometax

Methods of compelling a public capacityPUB include:

  1. State income tax registration.
  2. Sales tax permits.
  3. Business licenses.
  4. Employer withholding registrations.
  5. Excise tax registrations.

2.6 Motor Vehicle Systems

  1. Driver licensing. SSN is mandatory in Real-ID compliant states, along with utility bills, etc. which serve essentially as a “residence” election.
  2. Vehicle titling.
  3. Vehicle registration.
  4. Commercial driver licensing.
  5. Traffic court administration.

2.7 State Employment Systems

  1. Civil service employment.
  2. State retirement enrollment.
  3. Public employee benefit programs.
  4. State payroll systems.

3. Federal Government

3.1 Citizenship and Nationality Documentation

  1. U.S. passport issuance (insisting on SSN to get a passport).
  2. Consular registration systems.
  3. Citizenship documentation.
  4. Naturalization processes.
  5. Passport renewal systems.

3.2 Social Security System

  1. Social Security number assignment.
  2. Retirement benefit enrollment.
  3. Disability benefit enrollment.
  4. Medicare enrollment through Social Security.
  5. Representative payee programs.

3.3 Federal Employment Systems

  1. Civil service appointment under Title 5 and Article II of the constitution.
  2. Federal retirement enrollment for military and civilian.
  3. Federal health benefit enrollment.
  4. Security clearance systems.
  5. Federal payroll systems.

3.4 Tax Administration Systems

  1. Taxpayer identification numbers.
  2. Income tax return filing.
  3. Employer withholding systems.
  4. Information return matching programs.
  5. IRS account management systems.

3.5 Federal Regulatory Programs

  1. FAA licensing.
  2. FCC licensing.
  3. Federal firearms licensing.
  4. Maritime licensing.
  5. Federal contractor registration systems.

3.6 Benefit and Entitlement Programs

  1. Medicare enrollment.
  2. Veterans benefits enrollment.
  3. Federal student aid programs.
  4. Agricultural subsidy programs.
  5. Housing assistance programs.

3.7 Federal Registration Systems

  1. Selective Service registration.
  2. Federal contractor registration.
  3. Securities registration systems.
  4. Federal grant registration systems.
  5. Import/export registration systems.

3.8 Federal Territorial and Administrative Relationships

  1. Employment within federal agencies.
  2. Membership in federally administered retirement systems.
  3. Federal benefit recipient status.
  4. Federal contractor status.
  5. Federal permit-holder status.

3.9. Military ID

  1. Active duty and reserve: Common Access Card (CAC) requires SSN
  2. Retired DOD: DD Form 3208. Compliant with RealID. Requires SSN.

Structural Observation

These mechanisms can be grouped into three broad categories:

  1. Status Creation
    • Birth records
    • Citizenship documentation
    • Residency records
    • Voter registration
    • Social Security enrollment.
  2. Privilege/License Creation
    • Driver licenses
    • Professional licenses
    • Permits
    • Certifications
    • Passports
    • Regulatory approvals.
  3. Benefit/Contract Creation
    • Government employment
    • Benefit programs
    • Banking compliance agreements
    • Retirement systems
    • Subsidies
    • Grants
    • Federally regulated payment systems.

Within the FTSIG framework, these would be analyzed as the primary administrative instruments through which governments identify persons, assign statuses, grant privileges, administer benefits, and regulate participation in statutory programs. Whether any particular mechanism actually creates a legally operative “public capacity” would depend on the specific statutory scheme, constitutional authority, and legal theory being applied.