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Originally posted by ProjectJimmy
It is interesting that this idea of Sovereign Citizens still is believed by so many after being so completely debunked. I think it's because it is seen as a kind of holy grail for people whom do not like the idea of a government. It's got a lot of the promises that some Libertarians and Anarchists have been wanting for a long time.
Just looking at how rabidly some of the members of this site defend it, and from the discussions I had earlier this month in the United States, it's like a promised land really, somewhere over the horizon, but there are people that believe it absolutely, positively exists despite all of the judicial evidence.
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence,[1] promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Originally posted by Jean Paul Zodeaux
Originally posted by ProjectJimmy
It is interesting that this idea of Sovereign Citizens still is believed by so many after being so completely debunked. I think it's because it is seen as a kind of holy grail for people whom do not like the idea of a government. It's got a lot of the promises that some Libertarians and Anarchists have been wanting for a long time.
Just looking at how rabidly some of the members of this site defend it, and from the discussions I had earlier this month in the United States, it's like a promised land really, somewhere over the horizon, but there are people that believe it absolutely, positively exists despite all of the judicial evidence.
Debunked? By "judicial evidence" do you mean case law? In American jurisprudence all case law begins with the Constitution for the United States, which begins with a Preamble that goes like this:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence,[1] promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Are you suggesting this has been "debunked" by the very court system whose sole purpose of existence is to serve that? Yeah. At least the last poster actually attempted to cite case law to back up his claim. Clearly hadn't read the case law he cited, but who actually needs to read the ruling when they can instead utter the mystical incantations of a lawyer priest class, in the form of meaningless citation.
Oh well, Jenny Sparks is cool.
So here's the big question: Have Sovereign Citizens ever won their cases, and gotten "Sovereignty?" Every legal expert I have talked to has said no. You're cause is perfectly failed in practice. You can dance around that as much as you want, but the simple fact is that there are no Sovereign Citizens recognized by the United States Federal Government.
"If any question of fact or liability be conclusively presumed against him, this is not due process of law."
Has a sovereign Citizens ever won their cases, and gotten "Sovereignty?"
12. EUGENE has at all times challenged the lack of subject- matter jurisdiction of the 91-D-5122 trial court, and continues to deny that the 91-D-5122 trial court ever held subject-matter jurisdiction.
Courts have held that the burden of proving jurisdiction rests upon PHYLLIS ALPERN ("PHYLLIS"). Bindell, supra; Loos, supra. And the failure of PHYLLIS to establish that the 91-D-5122 trial court ever held subject-matter jurisdiction does not confer any subject-matter jurisdiction upon that court - it still remains without subject-matter jurisdiction, as long as there is no Petition which can be examined to determine if it complies with statutory requirements. Bates v. Board of Education, Allendale Community Consolidated School District No. 17, 136 Ill.2d 260, 267 (1990) ("it cannot confer jurisdiction where none existed and cannot make a void proceeding valid."). Nor does it confer any subject-matter jurisdiction upon this Court.
When subject-matter jurisdiction is denied, it becomes the responsibility of the party claiming that the court has subject-matter jurisdiction to prove that the court holds subject-matter jurisdiction. Bindell, supra; Ballard v. Fred E. Rawlins, M.D., Inc., 101 Ill.App.601, 428 N.E.2d 532 (1981) ("Where jurisdiction is denied by the defendant, the burden of proving its presence rests upon the party asserting it.").
EUGENE has no burden to prove that the 91-D-5122 trial court lacks subject-matter jurisdiction; contrary it is the duty of PHYLLIS to prove that the 91-D-5122 trial court held subject- matter jurisdiction at all times.
Subject-matter jurisdiction cannot be conferred upon a court by agreement or by consent. Klopfer v. Court of Claims, 286 Ill.App.3d 499, 676 N.E.2d 679 (1st Dist. 1997) ("subject matter jurisdiction cannot be conferred by the consent or acquiescence of the parties, neither can it be conferred by estoppel"); Board of Educ. of City of Chicago v. Box, 191 Ill.App.3d 31, 547 N.E.2d 627 (1st Dist. 1989) ("subject matter jurisdiction cannot be conferred by any form of laches, consent, waiver, or estoppel.").
At no time has EUGENE consented to, acquiesced to, or agreed that the 91-D-5122 trial court ever held subject-matter jurisdiction; even if EUGENE had, no subject-matter jurisdiction could be conferred upon that court by that procedure.
Without a valid Petition for Dissolution of Marriage in the record of the 91-D-5122 trial court, the 91-D-5122 court was without subject-matter jurisdiction.
The Supreme Court, in Brown v. VanKeuren, 340 Ill. 118, 122 (1930), stated that: "The petition required to put the court in motion and give it jurisdiction must be in conformity with the statute granting the right and must show all the facts necessary to authorize it to act, -i.e., it must contain all the statements which the statute says the petition shall state, - and if the petition fails to contain all of these essential elements the court is without jurisdiction."
The Illinois Supreme Court, in Agricultural Transp. Ass'n v. Carpentier, 2 Ill.2d 19, 116 N.E.2d 863 (1953) stated: "Where the Supreme Court has declared the law on any point, it alone can overrule and modify its previous opinion, and the lower judicial tribunals are bound by such decision and it the duty of such lower tribunal to follow such decision in similar cases." This Court, as well as the 91-D-5122 trial case, without a Petition in the record of the case, have acted without jurisdiction.
Since there is no proof that the 91-D-5122 trial court held subject-matter jurisdiction, this Appellate Court did not hold subject-matter jurisdiction to review the proceedings of the trial court. The People v. Industrial Sav. Bank, 275 Ill. 139, 113 N.E. 937 (1916) ("Where the trial court has no jurisdiction, an appeal or writ of error can confer no jurisdiction on the reviewing court."); Marriage of Arrington, 146 Ill.App.3d 121, 497 N.E.2d 117 (1st District, 1986) ("It is axiomatic that when a trial court has no jurisdiction, an appeal cannot act to confer jurisdiction on the reviewing court.").
Where jurisdiction is challenged, the party claiming that the court has jurisdiction has the burden of producing the record which evidences that the court has the jurisdiction to act. EUGENE does not have the requirement to produce any record relative to jurisdiction. Only PHYLLIS has that burden, and she did not met her burden of proving that the trial court held subject-matter jurisdiction.
As the Supreme Court has held, in Franson on Behalf of Franson v. Micelli, 172 Ill.2d 352, 666 N.E.2d 1188 (1996) that Illinois courts, including the Appellate Courts, have a duty not to exceed their jurisdiction and must vacate any void decision. The Court stated "When, as here, the appellate court has considered the merits of a case when it had no jurisdiction to do so, we must vacate the court's judgment and dismiss the appeal."
This Court, just as in the Franson court, should not have attempted to consider the merits of the case when it did not have the subject-matter jurisdiction to do so. This court has a duty to vacate the void Rule 23 order that it improperly issued and a duty to vacate the void trial court judgment.
As this court was without subject matter jurisdiction to review the orders/judgment of a trial court without subject- matter jurisdiction, this court only had the inherent power to vacate the orders and judgment of the 91-D-5122 trial court for want of subject-matter jurisdiction. This Court further has inherent power to declare any order void which was entered on any issue involved or on any procedural order entered as an adjunct to its consideration of any issue before it (whether on review or in any original proceeding). A court does not need subject-matter jurisdiction to vacate a void order; it only needs the inherent power of the court, which every court has, to vacate the void order issued on August 24, 1995.
As this court was without subject matter jurisdiction to review the orders/judgment of a trial court without subject- matter jurisdiction, this court only had the inherent power to vacate the orders and judgment of the 91-D-5122 trial court for want of subject-matter jurisdiction. This Court further has inherent power to declare any order void which was entered on any issue involved or on any procedural order entered as an adjunct to its consideration of any issue before it (whether on review or in any original proceeding). A court does not need subject-matter jurisdiction to vacate a void order; it only needs the inherent power of the court, which every court has, to vacate the void order issued on August 24, 1995.
EUGENE suggests that since this Court has determined that there was no Petition in the record of appeal (a record identical to the record of the case), the natural and reasonable consequences of those facts are embodied in the law which states that jurisdiction was never conferred upon the trial court. This Court should therefore vacate the trial judgment as being void for lack of jurisdiction.
The burden of proving jurisdiction rests upon the court party asserting it.
Where jurisdiction is contested, the burden of establishing it rests upon the plaintiff.
Once jurisdiction is challenged, the court can not proceed when it clearly appears the court lacks jurisdiction, the court has no authority to reach merits, but rather should dismiss the action.
There is no discretion to ignore lack of jurisdiction
In short, you've got nothing but words.
It's is a dream for the true-believers, that everyone else sees as a delusion. Your interpretation of the United States Constitution is not the same one that is accepted by the courts, therefore you are in the wrong.
Originally posted by xSe7eNx
Now however here is another pdf if you even care that explains a lot of it in a far more legal sense because these are documents you could send in to the government and every bit of religious tie in this document can be taken right out and is not required (there is barely any not near as much as the other pdf). PDF
Originally posted by 911stinks
Sovereign means that the government has to answer to the people.
The government doesn't like that. They are targeting people who know
their rights afforded through the Bill of Rights, and the Constitution.
The word "sovereign" is defined in the 6th edition of Black's Law Dictionary, published in 1990, as being, "A person, body, or state in which independent authority is vested; a chief ruler with supreme power; a king or other ruler in a monarchy." Prior to the War for American Independence, the British king was the sovereign and the American people were his subjects. The war's outcome changed all this:
The sovereignty has been transferred from one man to the collective body of the people - and he who before was a "subject of the king" is now "a citizen of the State."
State v. Manuel, North Carolina, Vol. 20, Page 121 (1838)
Thus, the people became Citizens of their respective states. But more importantly, for the first and only time in recorded history, the people were recognized as being the true sovereigns:
www.civil-liberties.com...
That doesn't make you any less liable for paying taxes in the country where you reside, citizen or not.
No truer words could be said about taxes and liability. If a person is indeed liable for a tax, then they must pay that tax.
You just proved my point, didn't you? Do you honestly believe a judge, even the SCOTUS, can simply invent liability that doesn't all ready exist by statute? Do you have any idea what the subject of this so called "Personal Income Tax" is, or do you just cut and paste case law citations without even considering what you are posting.
Can you supply an actual statute from the IRC that makes a dishwahser, a plumber or a shoe salesman liable for this tax? Good luck.
It is not true that I made any such accusation. I asked you questions.
If one is "tax-exempt" they must necessarily be subject to the tax law and liable for a tax to begin with. If one is not subject to that law and therefore not liable for a tax they need no exemption.
You have hidden behind case law you, in all likelihood have not read yourself. What you have failed to do is provide the statutes these court rulings are based upon. You, nor anyone else, can make a person liable for a tax based upon case law. The courts have no jurisdiction to impose a tax. Congress has the complete and plenary power of taxation, not the courts. Your libelous remark that I have made demonstrably fraudulent claims is beyond the pale. Your ignorance of the law is inexcusable.
If you are attempting to present yourself as one who has the legal authority to asses my tax liability, you bet your sweet patootie you have to back that up with legislation authorizing you to make such an assessment.
Your blatant falsehood that only the courts have jurisdiction to interpret law is insane. All other branches, each government official is required to take an oath to uphold the Constitution and the law. This would mean they necessarily have to interpret it to do so. Further, each and everyone of us are presumed to know the law. How are we expected to know the law if we are not allowed to interpret it?
Your ignorance of case law is astounding. If a sovereign successfully uses the court what has happened is that this sovereign has successfully demonstrated to the judge that there is no jurisdiction over him. Since that sovereign was successful, this means the only authority the judge has in the matter is to dismiss the case. How many instance of dismissals have you read as case law? None! Absolutely none!!
Since that sovereign was successful, this means the only authority the judge has in the matter is to dismiss the case. How many instance of dismissals have you read as case law? None! Absolutely none!!
In response to me asking you if you were asserting that The Constitution of the United States of America had been "debunked", you answered:
Before a court can move into the fact finding of the case, if jurisdiction has been challenged, then there must first be an evidentiary hearing, where it will be determined if jurisdiction exists or not. (I would provide links to this, but since it is more than likely you haven't even bothered to read my past posts in this thread, why bother?) Once a trial has moved into the fact finding portion of that case, constitutional issues become moot, and the judge has full discretion on what authorities can be cited. Thus, the sovereign understanding this will refuse to plead, and instead respectfully challenge the jurisdiction.
etc...
You want evidence of jurisdictional standing in tax law. Please explain why this isn't it:
* Article 1 Section 7: All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
* Article 1 Section 8: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;...
* Article 2 Section 1: The executive Power shall be vested in a President of the United States of America.
* Article 2 Section 2: He shall have Power, by and with the Advice and Consent of the Senate...shall appoint Ambassadors, other public Ministers and Consuls... and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
* Article 2 Section 3: ... he shall take Care that the Laws be faithfully executed...
* Article 3 Section 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States...
Since you apparently aren't familiar with the source document before, I'll help you out: it is the Constitution of the United States of America.
Are you seriously asserting that the Congress doesn't have authority to pass tax law, and that the President doesn't have the authority to execute that law, that the President doesn't have the Authority (with consent of Congress) to organize his Executive as he sees fit to best execute those laws, and that the courts don't have the authority to rule on legal questions surrounding those federal tax laws?
Origin The roots of IRS go back to the Civil War when President Lincoln and Congress, in 1862, created the position of commissioner of Internal Revenue and enacted an income tax to pay war expenses. The income tax was repealed 10 years later. Congress revived the income tax in 1894, but the Supreme Court ruled it unconstitutional the following year.
16th Amendment In 1913, Wyoming ratified the 16th Amendment, providing the three-quarter majority of states necessary to amend the Constitution. The 16th Amendment gave Congress the authority to enact an income tax. That same year, the first Form 1040 appeared after Congress levied a 1 percent tax on net personal incomes above $3,000 with a 6 percent surtax on incomes of more than $500,000.
Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census of Enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
You make my point. If any had been successful, anywhere, anytime, EVERYBODY WOULD HAVE HEARD ABOUT IT. Are you so deluded that you don't realize what a precedent that would make? There are hundreds of charletons on the internet spouting this sovereignty crap, you seriously think they would be crowing a successful sovereignty challenge from the highest roof tops? Are you really that naive?
Sovereignty (in your meaning of the word) is a will-o-the-wisp. It doesn't exist, and no hallucination will make it so. There have been dozens of cases of people claiming to be sovereign in one way or another, how many have succeeded? Exactly Zero!
Your disingenuousness knows no bounds. Government officials are not allowed to interpret the Constitution and the law, they must rely on legal counsel within their departments. Of course every individual can and does interpret the Constitution and the laws and the regulations, etc. But only the interpretation by the Courts has any legal standing.
Your disingenuousness knows no bounds. Government officials are not allowed to interpret the Constitution and the law, they must rely on legal counsel within their departments. Of course every individual can and does interpret the Constitution and the laws and the regulations, etc. But only the interpretation by the Courts has any legal standing.
I suspect you are misinterpreting the target of my statement. I was referring to the author(s) of the Family Guardian documents, which is what was under discussion when you entered the discussion. Are you claiming to be one of those authors?
True, I have not read each of the cases quoted. I have read some however and have come to trust the source of the summaries. I don't need to provide the statutes the rulings are based upon, they exist and are not based on hallucinations. I'm not making anybody liable for tax, nor are the courts imposing a tax. Congress hasimposed the tax. The courts have interpreted the laws passed by Congress in cases brought before it to test the claims you are defending here. I have only showed you the irrefutable proof of the absurdity of those claims. Your ignorance of rational thought and anything approaching intellectual honesty is inexcusable.
That is possibly true, a Buenos Aires shoe shine boy probably doesn't need an exemption from US Income tax. What is not possible, however, is that you can place yourself in that second category by renouncing your U.S. Citizenship and claiming to be a 'Sovereign'. The Family Guardian people remain carefully ambiguous about which of those two categories they claim to justify that they are not subject to paying tax, because if they were honest and told them they were in the first category people would realize how full of crap the entire concept is.
That is disingenuous. You didn't just ask me a question. By asking me to quote the statute the IRS operates to claim tax liability, and insisting that there is no such statute, you are in fact accusing the IRS of theft.
OK, look its cool. We understand your argument, jurisdiction has to be established before a court can look at a case.
Of course not. The IRS (I'll assume IRC was a typo) doesn't make statutes. Are you asking is there a statute that defines wages as income? Yes: 26 USC sec. 61. And this has been exhaustively tested in court:
§ 61. Gross income defined
(a) General definition Except as otherwise provided in this subtitle, gross income means all income from whatever source derived, including (but not limited to) the following items:
Originally posted by Jean Paul Zodeaux
reply to post by 4by4dave
You know what I find interesting is that I haven't read much from those who support the sovereignty movement in this site make the claims the anti-sovereignty movement in this thread insists they claim. The anti-sovereignty movement loves to point to this book, that document and yadda, yadda, yadda, but each post I read where these experts from the anti-sovereignty movement post keep bringing up people I've never even heard of.
I've never heard of this David Gale you speak of, and the only David Gale I've ever heard of was a fictional character in this horribly directed film by Alan Parker. It is odd to me that the anti-sovereignty movement feels so compelled to assert that the sovereignty movement is a product of a leader, apparently not understanding the definition of sovereignty.
Sovereignty is defined as Supremacy of authority or rule as exercised by a sovereign or state. The fundamental truth of the United States is that this nation broke free from the Madness of King George who claimed himself to be a sovereign, but those who broke free claimed sovereignty for themselves. They understood that the Supremacy of authority came directly from the People, and any state or federal sovereignty was secondary to that.
I am not quoting a single soul on this, these are my own words, and given that any sovereign is not ruled by an external force, it is ludicrous to think any sovereign would make this claim based upon an external force, other than that of our Creator.
Originally posted by Jean Paul Zodeaux
reply to post by 4by4dave
Yep, just one more person claiming the burden of proof nonsense. Any fool that would walk into a court and make wild ass assertions has a burden of proof, any sovereign dragged into court based upon dubious legislation and challenges the jurisdiction has no burden of proof and that burden belongs with the court party asserting it. That is the law. Not that you or all these other "concerned" citizens would ever offer that information. Please.
Originally posted by Jean Paul Zodeaux
reply to post by 4by4dave
Yep, there you go presenting a false picture of sovereignty, again. Any fool that would walk into a court asserting law does not apply to him has no understanding of law. Any fool that thinks they can invent law and use it to trample all over the rights of the people deserves all that they get.
I have walked into court several times and challenged jurisdiction and never at any point did I make the claims you pretend I make. In fact, only once did I have to make any assertions at all, and all I did was cite case law. Each time, the charges brought against me were dropped. Not because I am immune from law, but because I relied upon the rule of law. But its not like you want that information out there, do you? Yeah! How do you sleep?