Chapter 4 - Jurisdiction
§3. Exclusive
Consequently, the republic States of the union are not included within the scope of the federal government’s jurisdiction outside of the prescribed limits in the federal constitution. Anything operated outside of their jurisdiction, or direct scope of their contract, is known as ultra vires.
Ultra- Latin. Beyond; outside of; in excess of.
Ultra vires- Acts beyond the scope of the powers of a corporation, as defined by its charter or laws of state of incorporation.252 The term has a broad application and includes not only acts prohibited by the charter, but acts which are in excess of powers granted and not prohibited, and generally applied either when a corporation has no power whatever to do an act, or when the corporation has the power but exercises it irregularly.253 Act is ultra vires when corporation is without authority to perform it under any circumstances or for any purpose. By doctrine of ultra vires a contract made by a corporation beyond the scope of its corporate powers is unlawful.254 Ultra vires act of municipality is one which is beyond powers conferred upon it by law255.256
"It is deeply distressing that the Department of Justice, whose mission is to protect the constitutional liberties of the people of the United States, should even appear to be seeking to subvert them by extreme and dubious legal argument."257
One of the tricks that the government uses in order to enquire jurisdiction and subject you to their statutory regulations, is to convert your status into one lesser than one of the people. This is done in many different ways, and something that they continue to pursue, for it is the only way to gain jurisdiction over you and bring you within the United States.
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28 USC Sec. 1746 01/03/2012 (112-90)
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE
CHAPTER 115 - EVIDENCE; DOCUMENTARY
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Sec. 1746. Unsworn declarations under penalty of perjury
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Wherever, under any law of the United States or under any rule,
regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a
notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:
(1) If executed without the United States: "I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).
(SIGNATURE)".
(2) If executed within the United States, its territories, possessions, or commonwealths: "I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).
(SIGNATURE)".258
Let’s review those last two sections. Section 1, American [Positive] Law; section 2, US [Statutory] Law. Section 1, within one of the compact republic constitutional States of union of the United States of America and without the federal United States territories, possessions, and enclaves; section 2, without the constitutional republic united States and within the federal United States legislative democracy. Section 1, for the People [or Article IV, Sec. 2, Clause 1, Citizens] of a compact republic State of the Constitutional union; section 2, for U.S. [14th amendment] citizens within the United States. Are you a U.S. citizen? Depends on some clarification...
“The rights of the individuals are restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government.”259
“In our country the people are sovereign and the government cannot sever its relationship to the people by taking away their citizenship. Our constitution governs us [the government260] and we must never forget that our constitution limits the government to those powers specifically granted or those that are necessary and proper to carry out the specifically granted ones. The constitution, of course, grants congress no express power to strip people of their citizenship, whether in the exercise of the implied power to regulate foreign affairs or in the exercise of any specifically granted power... The entire legislative history of the 1868 Act makes it abundantly clear that there was a strong feeling in the congress that the only way the citizenship it conferred could be lost was by the voluntary renunciation or abandonment by the citizen himself. And this was the unequivocal statement of the court in the case of United States v. Wong Kim Ark, 169 U.S. 649.”261
[252 State ex rel. v. Holston Trust Co., 168 Tenn. 546, 79 S.W.2d 1012, 1016; see Black’s Law Dictionary, 5th Edition, “ultra vires” pg. 1365 (1979)
253 People ex rel. Barret v. Bank of Peoria, 295 III.App. 543, 15 N.E.2d 333, 335; see Black’s Law Dictionary, 5th Edition, “ultra vires” pg. 1365 (1979)
254 Community Federal Sav. & Loan Ass’n of Independence, Mo. V. Fields, C.C.A.Mo., 128 F.2d 705, 708; see Black’s Law Dictionary, 5th Edition, “ultra vires” pg. 1365 (1979)
255 Charles v. Town of Jeanerette, Inc., La.App., 234 So.2d 794, 798; see Black’s Law Dictionary, 5th Edition, “ultra vires” pg. 1365 (1979)
256 Black’s Law Dictionary, 5th Edition, pg. 1365 (1979)
257 United States v. Chadwick, 433 U.S. I at 16 (1976)
258 USC Title 28, sec. 1746; Added Pub. L. 94-550, Sec. 1(a), Oct. 18, 1976, 90 Stat. 2534
259 City of Dallas v. Mitchell, 245 S.W. 944 (1922)
260 [compiler’s insert]
261 Afroyim v. Rusk, 387 U.S. 253, 87 S.Ct. 1660 (1967)]
