From the July 2003 Idaho Observer:
Are we flesh and blood or a legal fiction? (Part 3)
Who are we? To you and I, we are simply us interacting with one another as the totality of ourselves living our lives the best we can. Governments seem to view us a little differently: Instead of being the flesh and blood people who eat and sleep and who have hopes and dreams, our status is diminished to numbers and pieces of paper so that we can be regulated and administrated like livestock. In Part 1 of this three-part article (The IO, May, 2003) we discovered that there is no grammatical rule or style manual anywhere on Earth explaining government use of ALL CAP names. In part 2 of (June, 2003) we learned about the concept of a legal fiction and the evidence showing how government uses the ALL CAPS representation of our names to create the legal fiction of our selves for the purpose of regulating and administrating us like livestock. The close of this three-part article makes a compelling argument as to the origins of our government's passion for pretending Americans have a Constitution and rights while enslaving us through artful abuse of legal fictions.
Edited by The Idaho Observer
The original U.S. Constitution is a foundational document created between the individual state nations. Proper representatives of the people in each nation state agreed upon it and signed it. The federal government is not only created by it, but is also bound to operate within the guidelines of Constitutional procedures. Any law that originates from the Constitution is lawful. Any purported law that does not originate from it is a fictional law without validity. The true test of any American law is whether it was created according to lawful process or outside of lawful process.
For years we have researched the lawful basis for creating ALL CAPS legal fictions and have concluded that there is no such foundation according to valid authority. But what about those purported laws that are not valid and have not originated from constitutional due process?
There's a very simple answer. Such purported laws are really not laws at all.
Executive orders and directives
Executive Orders and Directives are color of law. They have the appearance of law and look as if they're laws, but they are not lawful. Rather, they are laws based on fictional beginnings and are the basis for further fictional laws and other legal fictions. They are regulated and promulgated by Administrative rules and procedures.
Lincoln establishes EOs
Eighty-five years after the Independence of the united States, seven southern nation States of America walked out of the Second Session of the thirty-sixth Congress on March 27, 1861. In so doing, the Constitutional due process quorum necessary for Congress to vote was lost and Congress was adjourned sine die, or without day. This meant that there was no lawful quorum to set a specific day and time to reconvene which dissolved Congress. This dissolution automatically took place because there were no provisions within the Constitution allowing the passage of any Congressional vote without a quorum.
Lincoln's second executive order of April, 1861, called Congress back into session days later, but not under the lawful authority of the Constitution. In his capacity as Commander-in-Chief of the U.S. Military, Lincoln called Congress into session under authority of Martial Law. Since April of 1861, Congress has not met based on lawful process. Our current Congress is based on a legal fiction not much different than a proper name written in all caps.
Legal fiction laws, such as the Reconstruction Acts and the implementation of the Lieber Code, were soon instituted by Lincoln and thus became the basis for our current laws. Every purported Act in effect today is based on legal fiction, not lawful due process.
The various bankruptcies
The legally created fiction called the UNITED STATES is bankrupt and holds no lawful Constitutionally mandated silver or gold coin to back up or pay their debts. Privately held and federally held gold coins and bullion in America were seized by Executive Order of April 5, 1933 and paid to the creditor, the private Federal Reserve Bank Corporation (FRB) under the terms of bankruptcy.
Congress -- still meeting under Executive Order authority -- confirmed this bankruptcy through the Joint Resolution to Suspend The Gold Standard And Abrogate The Gold Clause, June 5, 1933 in H.J. Res. 192, 73rd Congress, 1st session, Public Law 73-10. Within this 1933 Public Law, it states in part:
...every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public policy.
In 1950, the corporate U.S. declared bankruptcy a second time, whereby the Secretary of Treasury was appointed as Receiver of the bankruptcy in Reorganization Plan No. 26, Title 5 USC 903, Public Law 94-564, Legislative History, page 5967.
The only asset the UNITED STATES has, in order to pay their bankruptcy debt since 1933, is the people themselves. If the UNITED STATES openly declared this, the people would never allow their labors and futures to be collateral to this bankruptcy debt. Consequently, they legally pledge the future labor and tax revenues of Americans, by and through the ALL CAPS fictional legal persons they have created, as collateral for credit to pay daily operational costs and the ever increasing debt.
ALL CAPS legal person v. the lawful being
Just who is the full caps person, i.e. JOHN JAMES SMITH? He's the legal fiction the government created to take the place of the real being, i.e. John James Smith. The lawful name of birthright has been substituted by a legal fiction created by the government. If the lawful Christian name answers as the legal person, the two are recognized as being one and the same. However, if the lawful being refuses to accept the legal fiction, the two are separated. Therein lies the simple solution: Refusal by the lawful person to accept or answer for the legal person.
How did this happen? A result of the federal government bankruptcies was their creation of a legal fiction known as THE UNITED STATES as a part of their legal reorganization. Each STATE was also converted to their respective fictional legal person, i.e. THE STATE OF IDAHO. Legal fictions can create further legal fictions, such as corporations or any other fictional person easily identified by being written with ALL CAPS.
All areas of government, including the purported courts of law, are currently authorized by, and operating as, legally created fictions. For example, the FIRST DISTRICT COURT OF THE STATE OF IDAHO or the U.S. DISTRICT COURT can only recognize other legal persons. This is why your lawful name is never entered in their records. It has been substituted with the legal person written with full caps. Jurisdiction in such legal fiction courts is only with other legal fictions. The only jurisdiction a lawful being can enter into is a lawful constitutional court.
(Note: While it does seem to be true the legal fiction governments and their legal fiction courts have no lawful jurisdiction over natural persons, they gladly use police power to arrest, assault and imprison natural persons until they acquiesce to their fictional authority. Justice, therefore, has nothing to do with what is right and wrong under the law, it is dominance and submission; one must either bow to the will of the state or be subject to its wrath).
The catch 22 is that lawful courts no longer exist. Only legal courts are available to Americans.
ALL CAPs intent revealed
The purpose and reason for the government use of proper names written in ALL CAPS is now revealed. The only way to counter this is for lawful Americans to stop accepting the use of the substituted legal fiction the STATE has given them. Most documents now issued by government addresses the person written in ALL CAPS. Lawful Americans must insist that they are not that legal fiction and refuse to accept it. By joining together and doing so from the local level, each community will begin to upset the legal order. Lawful Americans must begin to demand lawful government and lawful courts. The legal fictions can only come to an end when the people refuse to use or recognize them.
The only way to restore lawful government in America is for the people to refuse the privileges of the legal government now unlawfully in place. We've all been duped. The use of full caps to write a proper name is absolutely no mistake.
Editor's note: To argue the difference of the ALL-CAPS name v. the proper spelling of our names has not proven to be successful in court except, perhaps, to be spared a jail sentence for involuntary committal to a mental hospital.
The purpose of this three-part series regarding the government's intentional abuse of our names is to illuminate government's-us-v.-them mentality and the diabolical manner in which it uses the make-believe concept of our legal fiction en route to harvesting our energies.