Unraveling UNITED STATES Theories
The Truth About U.S. Corporations and Government Entities
1. Introduction
BACKGROUND ON THE THEORY REGARDING THE U.S. AS A CORPORATION
In the annals of American political discourse, few conspiracy theories have proven as enduring and controversial as the notion that the United States is, in fact, a corporation. This theory, which has its roots in the late 19th century, posits that a series of legal acts and agreements transformed the U.S. from a sovereign nation into a corporate entity, subject to different laws and governance structures.
The genesis of this theory can be traced back to the Act of 1871, which allegedly turned America into a corporation, making its citizens property of that entity. Subsequent events, such as the Federal Reserve Act of 1913 and the Banking Emergency Act of 1933, have been cited as further evidence of this transformation.
In the intricate tapestry of American history, two acts stand out as focal points for this persistent conspiracy theory: the Residence Act of 1790 and the Organic Act of 1871.
The Residence Act of 1790 was a pivotal piece of legislation that authorized President George Washington to select a site for the nation's capital along the Potomac River. It marked a significant compromise between Northern and Southern states and led to the creation of the District of Columbia. This act laid the foundation for a permanent national capital, symbolizing the unity and sovereignty of the newly independent nation.
However, the Act of 1871, which established a new government for the District of Columbia, has been misinterpreted by some as the act that turned the United States into a corporation. This confusion has given rise to a series of conspiracy theories that divert attention from the true nature of American governance.
THE IMPORTANCE OF UNDERSTANDING LEGAL AND HISTORICAL FACTS
The conflation of these two acts illustrates the importance of discerning legal and historical facts. Misunderstandings can lead to misconceptions that distract citizens from focusing on the root causes of the problems they face, such as local involvement and civic engagement.
Understanding the Residence Act and its role in shaping the nation's capital helps to clarify the distinction between the establishment of a physical seat of government and the legal framework that governs it. Conversely, misconstruing the Act of 1871 as a corporate takeover of the United States reveals how easily legal complexities can be twisted into misleading narratives.
In a time when local involvement and civic engagement are crucial to addressing the root causes of societal problems, these theories divert attention away from the tangible and actionable issues at hand. By focusing on shadowy and often unfounded allegations of national conspiracy, they draw energy and attention away from the local and state-level work that can truly make a difference in people's lives.
In a time when misinformation can spread rapidly, it is crucial to approach historical and legal matters with a discerning eye. This analysis aims to unravel the myths surrounding the U.S. as a corporation, starting with a careful examination of the acts that have been at the center of these theories. By grounding our understanding in historical context and legal interpretation, we can navigate the labyrinth of conspiracy theories and arrive at a more accurate and nuanced view of our nation's legal structure.
This paper will explore the origins, development, and underlying motivations of the U.S. corporation conspiracy theories. It will examine the historical facts, legal interpretations, and speculative connections that have fueled these ideas, all while highlighting the importance of discerning truth from distraction. In doing so, it aims to provide a clear and balanced understanding of these theories, equipping readers with the knowledge to engage with them critically and constructively.
2. The U.S. Constitution
OVERVIEW OF THE CONSTITUTION AS THE SUPREME LAW
The United States Constitution, ratified in 1787, stands as the supreme law of the land. It is the bedrock upon which the entire legal and governmental structure of the nation rests. Unlike a corporation, which can be owned, bought, or sold, the Constitution is a living document that belongs to the people. It cannot be incorporated, nor can it be owned by any individual or entity.
The Constitution establishes the framework for the federal government, delineating the powers and responsibilities of the three branches: the Executive, the Legislative, and the Judicial. It is a covenant between the people and their government, ensuring the protection of individual rights and the rule of law.
HOW THE CONSTITUTION GUIDES FEDERAL AND STATE LAWS
The Constitution not only outlines the structure of the federal government but also guides the relationship between federal and state laws. Through the Supremacy Clause (Article VI, Clause 2), the Constitution asserts that federal law takes precedence over state law when the two conflict. This hierarchical structure ensures a cohesive legal system, where state laws must align with the principles and provisions set forth in the Constitution.
States retain significant autonomy under the Tenth Amendment, which reserves powers not delegated to the federal government to the states or the people. This delicate balance between federal and state authority is a hallmark of American governance, reflecting the nation's commitment to both unity and diversity.
THE RELATIONSHIP BETWEEN THE CONSTITUTION AND CORPORATE LAW
Corporate law, which governs the formation and operation of corporations, is primarily a matter of state law. While the Constitution does not directly address corporate law, it provides the overarching legal framework that shapes the way states regulate corporations.
The Commerce Clause (Article I, Section 8, Clause 3) grants Congress the power to regulate commerce among the states, allowing for federal oversight of certain aspects of corporate activity. However, the Constitution itself does not confer corporate status or ownership, and the idea of the U.S. as a corporation is incompatible with its fundamental principles.
EXAMINATION OF THE ACT OF 1871 AND THE CLAIM OF TWO CONSTITUTIONS
A common misconception related to the U.S. corporation conspiracy theory is the claim that the Act of 1871 created a second Constitution, effectively turning the U.S. into a corporation. This claim is both historically and legally unfounded.
Historically Unfounded: The Act of 1871, formally titled "An Act to provide a Government for the District of Columbia," was focused solely on the governance of Washington, D.C. It did not mention or imply the creation of a new Constitution or the transformation of the U.S. into a corporation. The historical record, including the text of the Act itself and the congressional debates surrounding it, provides no support for the claim that a second Constitution was created.
Legally Unfounded: From a legal perspective, the creation of a new Constitution would require a process involving constitutional conventions, ratification by the states, and adherence to the principles outlined in Article V of the existing Constitution. The Act of 1871 underwent none of these processes. It was a legislative act passed by Congress, not a constitutional amendment or replacement. The legal framework for amending or replacing the Constitution is clear and well-established, and the Act of 1871 did not engage with this framework in any way.
The assertion that there are two Constitutions is a misunderstanding that has been perpetuated by those seeking to advance the U.S. corporation theory. The Constitution remains the singular and unassailable supreme law of the land. Any suggestion that it has been supplanted or incorporated is not only legally erroneous but also undermines the very principles that define the American republic.
DEFINITION IN THE ORGANIC ACT OF 1871
The municipal corporation that was established in Washington, D.C., in 1871 is a unique entity due to the special status of the District of Columbia. Unlike other cities in the United States, Washington, D.C., is not part of any state, and its governance structure is defined by federal law.
The Organic Act of 1871 effectively created a government for the entire federal territory, merging the City of Washington, Georgetown, and Washington County into a single municipal government known as the District of Columbia. This act established a temporary government in the form of a municipal corporation governed by a governor and council appointed by the President of the United States.
41st Congress, Session III, Chapter 62, 16 Stat. 419
ORIGIN AND GOVERNMENT OF THE DISTRICT OF COLUMBIA NAME
The name of the Seat of Government of the United States is "The District of Columbia."
In January 1791, President George Washington announced his choice for the federal district, selecting 100 square miles of land ceded by Maryland and Virginia. The commissioners overseeing the federal city's development named the district the "Territory of Columbia" in September 1791. The name "Columbia" was derived from explorer Christopher Columbus and was used during the American Revolution era as a patriotic reference for the United States. In 1871, the "Territory of Columbia" was officially renamed the "District of Columbia."
SEAT OF GOVERNMENT
Article I, Section 8, Clause 17:
[The Congress shall have Power . . . ] To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And . . .
The Convention was moved to provide for the creation of a site in which to locate the Capital of the Nation, completely removed from the control of any state, because of the humiliation suffered by the Continental Congress on June 21, 1783. Some eighty soldiers, unpaid and weary, marched on the Congress sitting in Philadelphia, physically threatened and verbally abused the members, and caused the Congress to flee the City when neither municipal nor state authorities would take action to protect the members.1 Thus, Madison noted that [t]he indispensable necessity of complete authority at the seat of government, carries its own evidence with it. . . . Without it, not only the public authority might be insulted and its proceedings interrupted with impunity, but a dependence of the members of the general government on the State comprehending the seat of government, for protection in the exercise of their duty, might bring on the national council an imputation of awe or influence, equally dishonorable to the government and dis satisfactory to the other members of the confederacy.2
AUTHORITY FOR ITS ESTABLISHMENT.
The District of Columbia was established under the authority and direction of Acts of Congress approved July 16, 1790, and March 3, 1791, which were passed to give effect to a clause in the eighth section of the first article of the Constitution of the United States, giving Congress the power:
"To exercise exclusive legislation in all cases whatsoever over such district ( not exceeding ten miles square ) as may, by cession of particular States and the acceptance of Congress, become the seat of the Government of the United States, and to exercise like authority over all places purchased, by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenal, dockyards, and other needful buildings."
ACCEPTANCE BY CONGRESS.
The acceptance by Congress, of the cession to it of the territory embraced in the District, is expressed in the act approved July 16, 1790, as follows:
"That a district of territory, not exceeding ten miles square, to be located as hereafter directed on the river Potomac, "etc., "be and the same is hereby accepted for the permanent seat of Government of the United States."
THE FIRST CITY OFFICIALS.
The first officials of the City of Washington were the President of the United States, the three commissioners appointed by the President under act of July 16, 1790, and, to a limited extent, the officers of the Levy Court. On July 1, 1802, the office of the three commissioners was abolished. About the same time, the duties which commonly appertain to municipal government were entrusted to the inhabitants of the City of Washington by an act incorporating them, as a city, as hereinafter mentioned. The remaining duties of the Commissioners were successively vested in officers created by law for that purpose, and styled respectively, " Superintendent; " " Commissioner to superintend public buildings, " and finally in the Chief of Engineers of the United States Army.
THE FIRST CHARTER OF THE CITY OF WASHINGTON.
The first municipal incorporation of the inhabitants of the city of Washington was affected by an act of Congress approved May 3, 1802. This charter provided for a mayor appoint-able annually by the President of the United States, and a city council to be elected by the people. The charter was modified by subsequent acts of Congress.
The first mayor was appointed in June 1802, and was reap pointed annually and served until the second Monday in June 1812.
An act of Congress of May 4, 1812, devolved the duty of selecting a mayor upon the city council, which was elected by the qualified voters of the city. That method remained in force until the first Monday of June 1820, or about eight years. From that date the mayor was elected by the people for terms of two years until May 31, 1871, a period of nearly fifty - one years, when the charter expired pursuant to the provisions of an act of Congress approved February 21, 1871, entitled " An act to provide a government for the District of Columbia."
FIRST MUNICIPAL GOVERNMENT OF THE ENTIRE DISTRICT OF COLUMBIA.
The act of Congress of February 21, 1871, which revoked the charters of the corporations of the City of Washington, George town, and the levy court of the County of Washington, established in their stead a single municipal government named the District of Columbia. As the revocation of those charters did not take effect until the 31st of the ensuing May, it followed that four distinct local governments were in contemporaneous existence in the District from February 21 until that date. All valid laws and ordinances then existing in the District were, by that act, continued in force.
Sec 1.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
“That all that part of the territory of the United States included within the limits of the District of Columbia, and the same is hereby, created into a government by name of the District of Columbia, by which name it is hereby constituted a body corporate for municipal purposes, and may contract and be contracted with, sue and be sued, plead and be impleaded, have a seal, and exercise all other powers of a municipal corporation not inconsistent with the Constitution and laws of the United States and the provisions of this act.
Sec. 2.
And be it further enacted, That the executive power and authority in and over said District of Columbia shall be vested in a governor, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall hold his office for four years, and until his successor shall be appointed and qualified. The governor shall be a citizen of and shall have resided within said District twelve months before his appointment, and have the qualifications of an elector. He may grant pardons and respites for offenses against the laws of said powers enacted by the legislative assembly thereof; he shall commission duties. all officers who shall be elected or appointed to office under the laws of the said District enacted as aforesaid, and shall take care that the laws be faithfully executed.
Sec. 3.
And be it further enacted, That every bill which shall have passed the council and house of delegates shall, before it becomes a law, be presented to the governor of the District of Columbia; if he approve, he shall sign it, but if not, he shall return it, with his objections, to the house in which it shall have originated, who shall enter the objections.
The new municipality consisted of a governor; a board of public works composed of the governor and four other persons; a secretary; a board of health; a legislative assembly consisting of a council of 11 members, and a house of delegates consisting of 22 members; and a Delegate in the House of Representatives of the United States.
The governor, the board of public works, the secretary, the board of health, and the council were appointed by the President of the United States, by and with the consent of the Senate. The members of the house of delegates and the Delegate in the House of Representatives were elected by the qualified voters of the District of Columbia.
The official term of the governor, members of the board of public works, the secretary, and the members of the board of health was four years; the term of the members of the council and the Delegate to Congress two years, and the term of the members of the house of delegates one year.
SECOND MUNICIPAL GOVERNMENT OF THE ENTIRE DISTRICT OF COLUMBIA.
On June 20, 1874, by an act of Congress of that date the form of government established by the act of February 21, 1871, was abolished, and the executive municipal authority in the District was temporarily vested in three Commissioners appointed by the President of the United States and confirmed by the Senate,
who succeeded in general to the powers and duties of the governor and the board of public works and were assisted by an officer of the Engineer Corps of the United States Army, detailed for that purpose under the requirements of the act creating this form of government.
All valid laws affecting the District then existing were continued in force.
This temporary form of government existed until July 1, 1878, or about four years, when, pursuant to an act of Congress of June 11, 1878, it was succeeded by the present form.
THE PRESENT FORM OF GOVERNMENT FOR THE DISTRICT OF COLUMBIA.
The present local government of the District of Columbia, like its two immediate predecessors, is a municipal corporation having jurisdiction over the territory which " was ceded by the State of Maryland to the Congress of the United States for the permanent seat of the Government of the United States. "
This government is administered by a board of three Commissioners, having in general equal powers and duties.
Two of these Commissioners, who must have been actual residents of the District for three years next before their appointment, and have during that period claimed residence nowhere else, are appointed from civil life by the President of the United State, and confirmed by the Senate of the United States, for a term of three years each, and until their successors are appointed and qualified. The term of office of any Commissioner appointed from civil life, whose predecessor shall or shall not have served a full term of three year, is three years from the date of his appointment and until his successor shall be appointed and qualified, and not for the unexpired part of such predecessor's term.
The other Commissioner is detailed from time to time by the President of the United States from the Engineer Corps of the United States Army and shall not be required to perform any other duty. This Commissioner shall be selected from among the captains or officers of higher grade having served at least fifteen years in the Corps of Engineers of the Army of the United States.”
The governance structure of Washington, D.C., has evolved since then, with various amendments and changes to its governing laws. The Home Rule Act of 1973, for example, granted the District greater autonomy, allowing residents to elect a mayor and city council.
In essence, the municipal corporation of Washington, D.C., is defined and governed by federal law, reflecting the unique constitutional status of the District as the seat of the federal government. The Congress retains ultimate authority over the District but has delegated certain powers to the local government.
The philosophical underpinning of this arrangement can be traced to the desire to create a neutral ground for the federal government, independent of state control or influence. It represents a delicate balance between local self-governance and federal oversight, a balance that continues to be a subject of debate and discussion.
3. Understanding Corporations
CORPORATION: AN OVERVIEW
A corporation is a legal entity created under the laws of a state or country, separate from its owners or shareholders. It has its own legal rights and responsibilities, like an individual person, such as the ability to enter contracts, own property, sue and be sued, and pay taxes.
TYPES OF CORPORATIONS
Different types of corporations exist to serve various purposes and business needs. Here's a breakdown of some common types:
C-CORPORATION (C-CORP)
Description: A standard corporation taxed separately from its owners.
Taxation: Subject to double taxation, meaning the corporation pays taxes on its profits, and shareholders pay taxes on dividends.
Ownership: No restrictions on the number of shareholders or types of shareholders.
Use: Commonly used by larger businesses with multiple shareholders.
S-CORPORATION (S-CORP)
Description: A special type of corporation that elects to pass corporate income, losses, deductions, and credits through to shareholders for federal tax purposes.
Taxation: Avoids double taxation, as profits and losses are passed directly to shareholders and taxed at individual rates.
Ownership: Limited to 100 shareholders, and all must be U.S. citizens or residents.
Use: Suitable for small to medium-sized businesses seeking to avoid double taxation.
LIMITED LIABILITY COMPANY (LLC)
Description: A hybrid structure that combines the limited liability of a corporation with the tax benefits of a partnership.
Taxation: Typically taxed as a pass-through entity, meaning profits and losses pass directly to members and are taxed at individual rates.
Ownership: Can be owned by individuals, corporations, other LLCs, or foreign entities.
Use: Popular among small business owners for its flexibility and protection against personal liability.
NONPROFIT CORPORATION
Description: A corporation organized for a charitable, educational, religious, literary, or scientific purpose.
Taxation: Often exempt from federal income taxes under Section 501 (c) (3) of the Internal Revenue Code.
Ownership: Governed by a board of directors, with no shareholders or owners.
Use: Commonly used by charitable organizations, schools, hospitals, and other mission-driven entities.
MUNICIPAL CORPORATION
Title 1, Section 1 of the United States Code states:
In determining the meaning of any Act of Congress, unless the context indicates otherwise [...] the words "county," "municipality," "township," "town," "city," "school district," "municipal corporation," or "political subdivision" include every incorporated place, whether incorporated as a city, town, village, or otherwise, and a county or parish, including a city and county having a consolidated city and county government, and any agency, department, division, or instrumentality thereof.
CORPORATION
TITLE 26—INTERNAL REVENUE CODE, CHAPTER 79—DEFINITIONS, §7701. Definitions:
"(a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof— (3) Corporation: The term "corporation" includes associations, joint-stock companies, and insurance companies."
47 U.S. Code § 153 (15) - Definitions:
"The term 'corporation' includes any corporation, joint-stock company, or association."
This definition provides a broad understanding of what constitutes a corporation under federal law, encompassing not only traditional corporations but also joint-stock companies and associations.
46 U.S. Code § 50501 - Entities deemed citizens of the United States:
Defines the criteria for a corporation to be deemed a citizen of the United States, including incorporation under U.S. or State laws, ownership, and control by U.S. citizens.
5 U.S. Code § 103 - Government corporation
This section defines "Government corporation" as follows:
For the purpose of this title—
(1) “Government corporation” means a corporation owned or controlled by the Government of the United States; and
(2) “Government controlled corporation” does not include a corporation owned by the Government of the United States.
You can find the full text of this section here:
31 U.S. Code § 9101 - Definitions
This section provides a more detailed definition of "Government corporation":
In this chapter—
(1) “Government corporation” means a mixed-ownership Government corporation and a wholly owned Government corporation.
(2) [It further lists specific examples such as the Central Bank for Cooperatives, Federal Deposit Insurance Corporation, Federal Home Loan Banks, etc.]
You can find the full text of this section here.
Corporations are versatile legal entities that can take various forms to suit different business needs and objectives. From traditional C-Corps and S-Corps to flexible LLCs and mission-driven nonprofits, each structure offers unique benefits, limitations, and considerations related to taxation, ownership, governance, and purpose. Understanding these differences is essential for entrepreneurs, business owners, and organizational leaders in selecting the right corporate structure for their specific goals and circumstances.
The exploration of the theory that posits the United States as a corporation is an intellectual endeavor that, while intriguing, may be fundamentally misguided or perhaps misunderstood. This notion, though it has captured the imagination of some, does not necessarily lead us closer to a resolution of the pressing issues that plague our nation—issues such as the overreach of banks, the perceived over extension of governmental powers, and the grappling with laws and agencies that some deem unconstitutional.
To embark on a meaningful journey toward rectifying these complex problems, we must direct our attention to the root causes, the underlying structures and principles that govern our society. The theory of the U.S. as a corporation, while provocative, does not necessarily contribute to this essential task.
First and foremost, we must consider the question: Who, indeed, would incorporate the United States? Our Constitution, a document revered and upheld as the supreme law of the land, stands as a bulwark against external sovereignty. There exists no country, king, or sovereign entity that presides over our Constitution. It is a self-contained legal framework, a social contract that binds us as a nation and delineates the boundaries of our government's powers.
The pursuit of understanding is a noble endeavor, and the exploration of various theories and ideas is a vital part of our intellectual landscape. However, the fact of the matter remains that the more time and energy we devote to this particular theory, the less we allocate to addressing the tangible, real-world issues that demand our attention.
In a philosophical sense, this situation calls to mind the ancient allegory of the ship of Theseus, where the focus on individual parts may distract from the essence of the whole. The theory of the U.S. as a corporation may be one such part, an intriguing but ultimately peripheral aspect of a much larger and more complex system.
Our collective challenge, then, is to navigate the turbulent waters of our current political and social climate with wisdom and discernment. We must strive to identify the core issues, the true substance of our national predicament, and address them with the rigor, integrity, and commitment they deserve. Only then can we hope to steer our nation toward a more just, equitable, and prosperous future.
In the final analysis, the pursuit of truth and understanding is a complex and multifaceted journey. While the theory of the U.S. as a corporation may be a path worth exploring for some, it is incumbent upon us, as scholars, citizens, and stewards of our constitutional heritage, to ensure that our intellectual energies are channeled toward the most pressing and consequential matters of our time.
4. State and Corporations
STATE CORPORATE LAW
State corporate law refers to the legal framework within a state that governs the formation, operation, and dissolution of corporations. Each state has its own set of laws and regulations that provide the rules for how corporations must conduct business within that state's jurisdiction.
FORMATION
Corporations are formed by filing articles of incorporation with the Secretary of State in the state where they choose to incorporate. The articles of incorporation outline the corporation's name, purpose, number of shares, and other essential details.
GOVERNANCE
States regulate corporations through statutes that define the rights and responsibilities of shareholders, directors, and officers. These laws cover matters such as corporate governance, fiduciary duties, mergers and acquisitions, and shareholder rights.
DISSOLUTION
States also provide the legal process for dissolving a corporation, which may occur voluntarily or involuntarily through legal proceedings.
REGISTERED AGENT SERVICES
A registered agent is a person or entity designated by a corporation to receive legal documents and official government communications on behalf of the corporation. The registered agent must have a physical address within the state of incorporation.
ROLE
The registered agent's role is to ensure that the corporation is in compliance with state laws and to receive and forward legal documents, such as lawsuits or subpoenas.
WHO CAN ACT AS A REGISTERED AGENT
A registered agent can be an individual, such as an officer or director of the corporation, or a professional registered agent service company. The agent must be available during regular business hours and must be located within the state where the corporation is registered.
OWNERSHIP OF CORPORATIONS
States do not own corporations. Corporations are legal entities owned by their shareholders. States regulate and oversee corporations but do not have an ownership interest in them.
ANALYSIS OF STATE INVOLVEMENT IN THE U.S. CORPORATION THEORY
The U.S. corporation theory often conflates the legal status of a corporation with the notion of the U.S. as a corporate entity. This misunderstanding may arise from the fact that the U.S. government, like corporations, has a legal personality and can enter contracts and own property.
However, the governance of corporations by states and the sovereign status of the United States are distinct legal concepts. States regulate corporations within their jurisdiction, but this does not imply that the U.S. is a corporation or that states own corporations.
The U.S. is a sovereign nation governed by its Constitution, and corporations are legal entities governed by state laws. The relationship between states and corporations is one of regulatory oversight, not ownership or control.
The relationship between states and corporations is defined by state corporate law, which governs the formation, operation, and dissolution of corporations within a state's jurisdiction. Registered agents play a vital role in ensuring compliance with state laws, and states do not own corporations. The U.S. corporation theory misunderstands these legal principles, conflating the regulation of corporations with the sovereign status of the United States.
5. The United States, Federal Law, and Corporations
FEDERAL CORPORATE LAW: INTERACTION WITH CORPORATIONS
Federal corporate law refers to the body of laws at the federal level that governs corporations' activities, particularly in areas that fall under federal jurisdiction, such as interstate commerce, securities regulation, and taxation.
Securities Regulation: The Securities Act of 1933 and the Securities Exchange Act of 1934 regulate the issuance and trading of securities. The Securities and Exchange Commission (SEC) enforces these laws.
Antitrust Laws: Federal antitrust laws, such as the Sherman Act, aim to promote competition and prevent monopolies.
Taxation: The Internal Revenue Code governs federal taxation of corporations, including income tax and other federal taxes.
Bankruptcy: Federal bankruptcy laws provide the framework for corporations to reorganize or liquidate under Chapter 11 or Chapter 7 of the Bankruptcy Code.
Employment Laws: Federal laws such as the Fair Labor Standards Act (FLSA) set minimum wage and overtime requirements.
FEDERAL AND STATE LAW INTERACTION
The relationship between federal and state laws is governed by the Supremacy Clause of the U.S. Constitution, which establishes that federal law is the "supreme Law of the Land."
Preemption: If a federal law conflicts with a state law, the federal law preempts or overrides the state law.
Concurrent Jurisdiction: In some areas, both federal and state governments have the authority to regulate, such as in environmental protection. Here, federal and state laws must work in harmony.
State Corporate Law: States primarily govern the formation, governance, and dissolution of corporations. Federal laws apply in areas where the federal government has jurisdiction.
EXAMINATION OF FEDERAL LAWS RELATED TO THE U.S. CORPORATION THEORY AND THE UNITED STATES OF AMERICA
In the realm of legal discourse, particularly in relation to the U.S. corporation theory, the definition of the "United States" can become a complex and sometimes confusing matter. Different statutes define the term in various ways, depending on the specific context and purpose of the law. This multifaceted approach to defining the "United States" can lead to misunderstandings, especially when taken out of context.
Each law serves a unique purpose and addresses specific issues or concerns. The definition of a term must align with the law's objectives and the requirements of the subject matter it regulates. For example, in the context of federal taxation, the definition of the "United States" focuses on the territories subject to federal tax obligations. In criminal law, the definition extends to all areas under U.S. jurisdiction to ensure comprehensive enforcement.
Legal language is often precise and tailored to the needs and objectives of each statute. The definition of a term like the "United States" is crafted to serve the specific requirements of the law in question. This context-specific approach ensures clarity and precision but can also create apparent inconsistencies when definitions are compared across different legal domains.
Four Examples
21 U.S. Code § 387 (Tobacco Regulation): Here, the "United States" likely encompasses all areas under federal jurisdiction for regulating tobacco products, ensuring comprehensive enforcement.
Title 28, Section 3002 (Federal Debt Collection): In this context, the "United States" is defined as a federal corporation, a legal construct facilitating debt collection actions. But the Federal Corporation stated in this Title says “of” the United States. As stated in the following,
Title 28, Section 3002 “United States” means—
(A) a Federal corporation;
(B) an agency, department, commission, board, or other entity of the United States; or
(C) an instrumentality of the United States.
TITLE 18—CRIMES AND CRIMINAL PROCEDURE, CHAPTER 1—GENERAL PROVISIONS, §5 (Criminal Law): This definition includes all places and waters under U.S. jurisdiction, reflecting the extensive reach of criminal law.
TITLE 26—INTERNAL REVENUE CODE, CHAPTER 79—DEFINITIONS, §7701 (a)(9) United States: In federal taxation, the "United States" includes only the States and the District of Columbia, focusing on federal tax obligations.
The varying definitions of the "United States" across these examples illustrate the nuanced and context-driven nature of legal language. While these differences may seem contradictory at first glance, they are essential in ensuring that each law functions effectively within its intended domain. Understanding these definitions requires a careful consideration of the underlying legal principles and the specific objectives of each statute. It's a testament to the complexity of legal interpretation and the need for careful analysis and understanding.
6. Federal Corporations and Entities
In a time when the complexities of governance and economic management are more intricate than ever, it is essential to direct our attention and scrutiny toward tangible and pressing matters that shape our nation's financial landscape. While theories and debates about the nature of the United States as a corporation may capture the imagination, they often divert focus from real and immediate concerns. Specifically, the examination of federal entities such as the Federal Reserve System, which plays a pivotal role in our economy, demands a clear-eyed understanding and critical analysis. By concentrating on the actual mechanisms, policies, and functions of such federal corporations, we can engage in a meaningful dialogue that addresses the substantive issues that impact our daily lives and the future of our republic.
FEDERAL RESERVE SYSTEM: A CRITICAL EXAMINATION
MONETARY POLICY FAILURES
The Federal Reserve's monetary policy has been subject to criticism for various reasons:
Interest Rate Manipulation: Critics argue that the Federal Reserve's manipulation of interest rates has led to economic bubbles, such as the housing bubble leading to the 2008 financial crisis.
Inflation Targeting: The Federal Reserve's 2% inflation target has been questioned, with some economists arguing that it has contributed to income inequality and financial instability
Quantitative Easing: The Federal Reserve's quantitative easing (QE) programs have been criticized for benefiting Wall Street over Main Street and exacerbating wealth inequality.
LACK OF TRANSPARENCY
Despite efforts to increase transparency, the Federal Reserve has faced criticism for its opaque decision-making processes:
Secret Bailouts: During the 2008 financial crisis, the Federal Reserve provided trillions of dollars in emergency loans to financial institutions without public disclosure4.
FOMC Meeting Secrecy: Critics argue that the Federal Open Market Committee's (FOMC) meetings lack transparency, with minutes released only after a three-week delay5.
REGULATORY FAILURES
The Federal Reserve's role as a regulator has also been subject to scrutiny:
Failure to Prevent the 2008 Crisis: Critics contend that the Federal Reserve failed to adequately regulate banks and prevent risky behavior leading to the 2008 financial crisis.
Dodd-Frank Act Implementation: The slow and complex implementation of the Dodd-Frank Act has been criticized for failing to address systemic risks adequately.
ECONOMIC INEQUALITY
The Federal Reserve's policies have been linked to growing economic inequality:
Wealth Gap: The Federal Reserve's low-interest-rate policies and QE have disproportionately benefited the wealthy, contributing to a widening wealth gap8.
Asset Inflation: Critics argue that the Federal Reserve's policies have inflated asset prices, benefiting asset owners at the expense of wage earners9.
The Federal Reserve System, while playing a crucial role in the U.S. economy, has faced significant criticism for its monetary policy decisions, lack of transparency, regulatory failures, and contribution to economic inequality. These shortcomings highlight the need for ongoing scrutiny, reform, and public debate to ensure that the Federal Reserve serves the broader public interest rather than narrow financial interests.
7. The Evolution of Central Banking in the U.S.: A Historical Perspective
EARLY OPPOSITION: THOMAS JEFFERSON AND ALEXANDER HAMILTON
The ideological battle between Jefferson and Hamilton shaped the nation's financial system. Jefferson feared that a central bank would lead to corruption and tyranny, while Hamilton saw it as essential for economic stability. This debate led to the creation of the First Bank of the United States in 1791, a controversial move that laid the groundwork for future central banking efforts.
FIRST AND SECOND BANK OF THE UNITED STATES
The First Bank's charter expired in 1811 amid political opposition. The War of 1812 exposed the need for a central bank, leading to the Second Bank's charter in 1816. President Andrew Jackson's fierce opposition to the Second Bank culminated in his veto of its recharter, reflecting deep-seated mistrust of centralized financial power.
FREE BANKING ERA
The absence of a central bank led to a chaotic period known as the "Free Banking Era." Banks issued their own currency, leading to confusion and frequent failures. This era exposed the need for federal oversight and a uniform currency.
NATIONAL BANKING ACTS OF 1863 AND 1864
These acts sought to create stability by establishing national banks and a uniform currency. Despite these efforts, the system remained fragmented, and banking panics persisted, revealing the limitations of the national banking system.
Centralization vs. State Control: The Acts aimed to create a uniform currency and establish national banks, but they also undermined state banks. This conflict between centralization and state control continues to be a contentious issue.
Ineffectiveness in Preventing Panics: Despite the intention to create stability, the Acts failed to prevent banking panics. This failure highlights the limitations of government intervention and raises questions about the efficacy of such regulatory measures.
FEDERAL RESERVE ACT OF 1913
The Panic of 1907 exposed the fragility of the banking system, leading to the creation of the Federal Reserve System. The Act established 12 regional Reserve Banks, aiming to balance public and private interests and provide a flexible currency. The Federal Reserve's role has since evolved, reflecting changes in economic theory and practice.
Concentration of Power: The creation of the Federal Reserve System centralized monetary control. Critics argue that this concentration of power can lead to manipulation and lack of transparency, undermining public trust.
Potential Political Influence: The Federal Reserve's independence can be questioned, as political pressures may influence monetary policy. This concern reflects deeper issues of governance and accountability.
BANKING ACT OF 1933 (GLASS-STEAGALL ACT)
The Great Depression led to the Glass-Steagall Act, which separated commercial and investment banking. This separation aimed to prevent conflicts of interest and reduce systemic risk. The repeal of key provisions in 1999 has sparked ongoing debate about financial regulation.
Restriction on Economic Freedom: By separating commercial and investment banking, the Act imposed restrictions that some argue stifled innovation and economic growth. This perspective aligns with conservative concerns about over regulation.
Debate Over Repeal: The repeal of key provisions in 1999 has led to ongoing debate about whether this contributed to the 2008 financial crisis. This controversy highlights the complexity of financial regulation and the challenges of balancing stability with economic freedom.
DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT OF 2010
The 2008 financial crisis prompted comprehensive regulatory reform. The Dodd-Frank Act aimed to reduce risks in the financial system, increase transparency, and protect consumers. Its implementation has been complex and contentious, reflecting broader debates about the role of government in regulating financial markets.
Regulatory Burden: Critics argue that the Dodd-Frank Act imposes a heavy regulatory burden, particularly on smaller banks. This burden may hinder competition and innovation, reflecting broader concerns about government overreach.
Unintended Consequences: The Act's complexity and broad scope may lead to unintended consequences, such as reduced access to credit for consumers and businesses. These unintended effects underscore the challenges of comprehensive regulatory reform.
A MISGUIDED DISTRACTION - FOCUS ON THE REAL PROBLEMS
The history of central banking in the U.S. is a complex tapestry of philosophical debates, political struggles, and legislative reforms. The Federal Reserve System's role in shaping monetary policy, regulating financial institutions, and maintaining economic stability is a critical aspect of our economic framework.
Rather than being diverted by unfounded theories, we must focus on understanding the intricacies of our financial system and working towards meaningful solutions. The challenges of monetary policy, regulatory oversight, economic inequality, and financial stability are pressing issues that demand thoughtful analysis and action.
Oversimplification of Complex Issues: While focusing on real problems is essential, there is a risk of oversimplifying complex financial issues. This oversimplification can hinder meaningful dialogue and solutions.
Potential Ignorance of Underlying Concerns: Dismissing theories and concerns as distractions may ignore underlying issues such as mistrust of financial institutions and dissatisfaction with economic inequality. Addressing these underlying concerns requires a more nuanced understanding of public sentiment.
8. What is the End State of U.S Corporation Theory?
So, what purpose do these theories serve? What aims are they designed to achieve? Can we categorize them as bad, good, or perhaps innocent? The inquiry deepens as we ponder the possibility that these theories might be subtly steering us away from the real problems. Is it conceivable that they are crafted in such a way as to create the mere appearance of progress, a semblance of headway being met? The answers to these questions may lie in a more profound examination of the underlying principles and motivations that guide our theoretical pursuits
I would venture to argue that I have observed a considerable amount of time being devoted to the persuasion of others regarding these types of theories, such as the U.S. Constitution. How ancient is this document? When one delves deeply into these theories, patterns begin to emerge. These patterns manifest in the verbiage, presentation, tone, and more.
If we can attain a comprehension of what engenders these theories, we may find ourselves in a position to circumvent them and concentrate our efforts on the root causes of the problems. This, in turn, could lead to a more enlightened approach to addressing the fundamental issues that lie at the heart of our societal challenges. Check out this link for some very interesting perspective.
9. Summary
Summary of Findings
Our exploration has revealed the multifaceted nature of legal definitions, particularly the term "United States," as it appears in various statutes. From tobacco regulation to federal debt collection, criminal law, and taxation, the definition is tailored to the specific context and purpose of each law. The Organic Act of 1871, often cited in U.S. Corporation Theory, was found to be a localized piece of legislation, not a transformation of the federal government's legal status.
The journey through these legal landscapes underscores the paramount importance of truth and critical thinking. In a world where misinformation can spread rapidly, the ability to discern fact from fiction, context from conjecture, is not merely an intellectual exercise but a civic duty. It requires a commitment to rigorous analysis, a willingness to question assumptions, and a dedication to understanding the complexities of law and governance.
As responsible citizens, we must strive to engage with our legal and political systems with integrity and insight. This means focusing on real and pressing issues, such as the role of federal corporations like the Federal Reserve System, rather than being diverted by theories that may not withstand scrutiny. It calls for active participation, informed debate, and a relentless pursuit of knowledge and understanding.
The U.S. Corporation Theory, while intriguing, serves as a reminder of the challenges and responsibilities we face in interpreting and engaging with our legal system. It highlights the need to approach legal interpretation with care, recognizing the specific context and purpose of each statute. More broadly, it reflects a societal yearning to understand the structures that govern us, a quest that demands both curiosity and caution. In the end, our focus must remain on the tangible realities that shape our nation, guided by a commitment to truth, critical thinking, and responsibility.
Written and Research by SpartanAltsobaPatriot
 | A guest post by
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Hi! Man Constitutional Republic. I like your work. I am involved in Maori Incorporation in NZ based on the Declaration of Independence 1835 under KinG William 1V and its terms and conditions in Ti Tiriti o Waitangi in 1840. I recently went onto a website: Gemstone University in America and the claims of a guy in there made me and enabled me to find your substack. I will ask you if you don't mind how I can research my own country of birth-England. I work here in NZ with the Nga Tikanga Maori Law Society as the Trustees of ''New Zealand'' is the English=The House of Lords and Privy Council. This has been hidden from NZ people. Thank you for your honest refreshing substack. The guy in Gemstone states that the world was put in debt under HJR 192 in 1933
First--- this is NOT these united States. This IS in fact a corporation. The term you constantly mentioned was "conspiracy theory;" a term coined by an illegal Three Letter Agency. CIA or FBI. The configuration of power of law, is merely expressing the Double Headed Eagle heraldry seen from the old European Royalty---- Order of the Garter and Dragon Court.
So, here we can line up everything:
Republic of the US === the public front. Sold to everyone for acceptance and acquiescence.
Note: there is nothing wrong with an ideal, I agree with the US Constitution.
The Corporate UNITED STATES === the occulted or hidden source of authority and power.
Note: this is privately owned by dynastic bloodlines that trace their origin back to the end of the Roman Empire. The Corporate Franchise of the United States is operated from City of London.
These are individuals who claim Sovereignty over all governments; in a way, they are not wrong----- as I have done this very same thing, but I did it WITHOUT the adrenochrome and presumptuous claim of mastery over others.
In another note; when you are claiming that you are a US citizen, are you claiming that you are a piece of paper? Because THAT is what a citizen IS!
I have zero obligation to the government, PERIOD.
By the way, the term "Conspiracy Theory" is absolute bunch of BULL SHIT. People who pay attention to details should be rewarded--- not criticized.
As for the so called Rule of Law, just who the HELL IS THE RULER? who applies law? Are they subject to it also?
So, again when some dumbass asks: "Are you a US Citizen?" Are you going to say yes, I am a piece of paper. Or are you going to say I am currently "holding" a "US citizenship."
Never place your announcement of being: "I am" in front of a noun that describes a fiction at law.
I am Neferhotep--- Sovereign Regis
I offer obedience to nobody. Yet I stand with ALL who resist the Globalists --- Pedophile --- Elites. I defend life and innocence. Our children deserve better than the last 240 plus years of a false Republic.