Note: This treatise will not focus on the erroneous assertions that the laws of the United States recognize any portion of the citizenry as being “citizen/subject” or “14th Amendment corporate persons”.
Many who make the spurious claim that “The United States is a Corporation” and not a UNION of states as expressed in the Preamble of the 1787 United States Constitution, point to Title 28 § 3002 of the United States Code (USC) as “proof”.
I’ve also seen reference made to the 1774 Articles of Association, example below…
Corporations are incorporated with a sovereign body or power. The 13 Colonies were established by way of the charters granted by the sovereigns of Britain (i.e. James I and Charles II), which were their establishing documents. http://avalon.law.yale.edu/subject_…
Although the members of the Continental Congress bound themselves as an Association and adopted the Articles of Association thereby establishing a Union, it must be understood that they were nevertheless still Colonies which already had charters, were still subject to the Sovereign of Britain and were not an independent Federation. The first line of the Articles of Association reads “We, his majesty’s most loyal subjects, the delegates of the several colonies of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, the three lower counties of New-Castle, Kent and Sussex, on Delaware, Maryland, Virginia, North-Carolina, and South-Carolina, deputed to represent them in a continental Congress, held in the city of Philadelphia, on the 5th day of September, 1774, avowing our allegiance to his majesty, our affection and regard for our fellow-subjects in Great-Britain and elsewhere, affected with the deepest anxiety, and most alarming apprehensions, at those grievances and distresses, with which his Majesty’s American subjects are oppressed;…”.
The United States of America however, is a Federation with a Central Government (i.e., a country formed by separate states that have given certain powers to a central government while keeping control over local matters), and was first formed under the Articles of Confederation.
In spite of the fact that the Union was formed under the Articles of Association, the founding of the independent States began with their Constitutions subsequent to the Congressional vote to Declare Independence July 2, 1776.
Now, with regards to Title 28 § 3002 of the United States Code (USC) as “proof”, one merely has to examine the law, with an unbiased eye, to get to the proper context which will show that it does not mean what some people think and assert that it means. Let’s see…
From Title 28, Part VI, Chapter 176, Subchapter A, Section 3002 of the USC:
(C) an instrumentality of the United States.
Context is very important which is why reading comprehension is a rudimentary skillset pushed at very early ages in grade school. There are several fundamental things to consider when utilizing the definition provided in Title 28, Part VI, Chapter 176, Subchapter A, § 3002 of the United States Code. Those things are the name & purpose of the Title itself as well as the Part, Chapter & Subchapter that the definition is coming from. Explanation below:
- Title 28 is listed as “JUDICIARY AND JUDICIAL PROCEDURE”. The name of the title itself should indicate to the reader that EVERYTHING under this title is pertaining to the Federal Judiciary & Judicial Procedure as it is the part of the United States Code that governs the Federal Judicial system.
- Part VI is entitled “PARTICULAR PROCEEDINGS”. (i.e., Court or Legal Proceedings.)
- Chapter 176 is entitled “FEDERAL DEBT COLLECTION PROCEDURE”.
- Subchapter A is entitled “DEFINITIONS AND GENERAL PROVISIONS”.
- As used in this chapter: (i.e. Chapter 176 “FEDERAL DEBT COLLECTION PROCEDURE”)
- “United States” means… (the definition of the word ‘means’ is given below)
- Although these titles, subtitles, chapters, subchapters, parts, subparts, and sections are all self-explanatory, when the conspiracy theorists use this definition to support their erroneous claim, they’re never provided along with the definition for the readers’ consideration. When read and understood within its proper context, it becomes clear that it’s not stating that the United States ‘is’ a federal corporation. Rather, it’s referring to federal corporations incorporated by the United States and that those Federal Corporations, Agencies, Departments, Commissions, Boards & other Entities or Instrumentalities of the United States will appear under the name “United States” in Judicial Proceedings pertaining to FEDERAL DEBT COLLECTION.
Note: The word used in the definition of “United States” as provided in Title 28 § 3002 is the word ‘means’, purposely avoiding the word ‘is’ and with good reason.
Mean, v. 1. Intend to convey or refer to (a particular thing); signify: Oxford Dictionary http://www.oxforddictionaries.com/u…
Is, v.i. (irregular verb). present 3d singular of be; dialect present 1st & 2d singular of be; dialect present plural of be. Webster’s Dictionary http://www.merriam-webster.com/dict…
- Commodity Credit Corporation (15 U.S.C. 714)
- Export-Import Bank (12 U.S.C. 635)
- Federal Crop Insurance Corporation (7 U.S.C. 1501)
- Federal Deposit Insurance Corporation (12 U.S.C. 1811)
- Federal Financing Bank (12 U.S.C. 2283)
- Federal Prison Industries (UNICOR) (18 U.S.C. 4121)
- Financing Corporation (12 U.S.C. 1441)
- Government National Mortgage Corporation (12 U.S.C. 1717)
- National Railroad Passenger Corporation (AMTRAK) (49 U.S.C. 241)
- Overseas Private Investment Corporation (22 U.S.C. 2191)
- Pension Benefit Guaranty Corporation (29 U.S.C. 1301)
- Presidio Trust of San Francisco (16 U.S.C. 460bb)
- Resolution Funding Corporation (12 U.S.C. 1441(b))
- St. Lawrence Seaway Development Corporation (33 U.S.C. 981)
- Tennessee Valley Authority (16 U.S.C. 831)
- U.S. Postal Service (39 U.S.C. 101)
- Valles Caldera Trust (16 U.S.C. 698-v4)
A list of Departments & Agencies can be found here.
A list of Boards & Commissions can be found here.
More can be read about Government instrumentalities in the book “Government-sponsored Enterprises: Mercantilist Companies in the Modern World”, By Thomas H. Stanton.
The Supreme Court case of Hooven & Allison Co. v. Evatt, 324 U.S. 652 (1945) explains the various senses in which the term “United States” is recognized in law. The court references “The Insular Tariff Cases in the Supreme Court,” 15 Harv.L.Rev. 164; Littlefield, “The Insular Cases,” 15 Harv.L.Rev. 169, 281. It is explained in this way…
“The term “United States” may be used in any one of several senses. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations. It may designate the territory over which the sovereignty of the United States extends, or it may be the collective name of the states which are united by and under the Constitution.” https://supreme.justia.com/cases/fe…
Further explanations are given for the term “United States” in several places of the United States Codes. Here is just a handful…
(j) “United States”, when used in a geographic sense, means all areas under the territorial sovereignty of the United States and the Trust Territory of the Pacific Islands.
So, as we can see, the term “United States” can be used in different contexts. The terms “US, U.S., USA, U.S.A., U.S. of A.” all pertain to the same group of federated States and its central government unless some law specifically expresses otherwise i.e. Title 28 section 3002. Geographically, the terms are merely short forms for the” United States of America” and anyone who uses logic and reason can understand that.
The next illogical & spurious argument is that the “United States” or the “United States of America” is somehow incorporated in the subordinate State of Delaware. Those who make this claim tend to use different corporate filings of companies under either the name of “United States Corporation Company” with a filing from 1925 in Florida or “United States of America, Inc.” with a filing from 1989 in Delaware.
Before delving into this, it’s important to note that each of the States, including Delaware, is listed in the Index of U.S. Government Departments and Agencies.
Follow this twisted logic if you can: Delaware as one of the union of states is supposed to be Subordinate to the United States and is listed as one of its Departments but somehow, the Sovereign United States subsequently submitted their own sovereignty to the State of Delaware which in turn makes Delaware the True Sovereign on this land while simultaneously being listed as one of the Departments of the United States??? Terrible.
- When the company was incorporated, 1989
- When the company became inoperative and void, 1994.
The 3rd thing that’s important to note is the reason it became inoperative as it was due to negligence or refusal to pay annual taxes. Which again would allegedly make the United States of America subject to Taxing Authorities subordinate to it??? Terrible.