Why Wesley Snipes is going to jailSubmitted by juliusbragg on Sun, 12/05/2010 - 17:27
can anyone prove this wrong...with fact, not opinions??
Wesley Snipes has a great deal of correct information in his filings, however he made one HUGE mistake:
see page "7 of 29"
- "My question at this point is: Does the IRS help "nontaxpayers" such as myself in not complying with the laws they are clearly not subject to and thereby provide them equal protection of the laws mandated by Section 1 of the Fourteenth Amendment and 42 U.S.C. Sec. 1981?"
Here Wesley Snipes made the CRUCIAL mistake of requesting protection as a lower case "c" 14th Amendment "citizen of the United States".
A 14th Amendment citizen is a "Federal citizen" with civil rights (given by government) and specifically NOT a "Constitutional Citizen" with "human rights" (rights from birth)
All 14th Amendment citizens owe "direct and immediate allegiance to the UNITED STATES GOVERNMENT, via CONGRESS, because Congress created them. 14th Amendment citizens are given privileges, such as the privilege to vote under the 15th and 19th Amendment. The Constitution applies to Citizens of the states of the Union, NOT to federal subjects. For them, Congress makes ALL NEEDFUL RULES.
Remember the Constitution is for "We the people of the United States" (meaning the states of the Union) and NOT for the Territories, D.C., Aliens, or Federal Persons. All 14th Amendment citizens are treated as "residing in the District of Columbia" where the Constitution SPECIFICALLY does NOT apply...
USC title 26
- (39) Persons residing outside United States
If any citizen or resident of the United States does not reside
in (and is not found in) any United States judicial district,
such citizen or resident shall be treated as residing in the
District of Columbia for purposes of any provision of this title
relating to -
(A) jurisdiction of courts, or
(B) enforcement of summons.
It should be noted that "United States", with regard to "persons residing outside United States" in Title 26 above, means the District of Columbia and other Federal Territories and NOT the actual states of the Union.
- U.S. v. Anthony 24 Fed. 829 (1873) "The term resident and citizen of the United States is distinguished from a Citizen of one of the several states, in that the former is a special class of citizen created by Congress."
"A 'civil right' is considered a right given and protected by law, and a person's enjoyment thereof is regulated entirely by the law that creates it."
82 CA 369, 373, 255, P 760.
"...rights of national citizenship as distinct from the fundamental or natural rights inherent in state citizenship".
[Madden v. Kentucky, 309 U.S. 83: 84 L.Ed. 590 (1940) ]
"There is a difference between privileges and immunities belonging to the citizens of the United States as such, and those belonging to the citizens of each state as such".
[Ruhstrat v. People, 57 N.E. 41 (1900) ]
"We have in our political system a government of the United States and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of it's own..."
[United States v. Cruikshank, 92 U.S. 542 (1875)]
Privileges and immunities clause of Fourteenth Amendment protects only those rights peculiar to being citizen of the federal government; it does not protect those rights which relate to state citizenship." Jones v. Temmer (1994), 829 F. Supp. 1226, U.S.C.A. Const.Amend. 14 section 1
"Both before and after the Fourteenth Amendment to the federal Constitution, it has not been necessary for a person to be a citizen of the United States in order to be a citizen of his state." Crosse v. Board of Supervisors of Elections (1966) 221 A.2d 431 p.433, citing U.S. v. Cruikshank (1875), 92 U.S. 542, 549, 23 L.Ed. 588 (1875), Slaughter-House Cases (1872), 83 U.S. 36; 1872 U.S. LEXIS 1139; 21 L. Ed. 394; 16 Wall. 36
"Rights under 42 USCS sect.1983 are for citizens of United States and not of state." Wadleigh v. Newhall (1905 CC Cal) 136 F 941